The constitution (scheduled tribe) order(second amendment)bill,1991
shivanand
(Querist) 02 February 2014
This query is : Resolved
dear sir/madam,
i am shivanand desai my query is above mentioned subject,
The constitution (scheduled tribe) order(second amendment)bill,1991 (karnataka)
in there mentioned given below
A bill to provide for the inclusion of certain tribes in the list of scheduled tribes specified in relation to the state of karnataka
BE it enacted by Parliament in the forty-second year of the Republic of india as follows:
1. (1) This Act may be called the constitution (scheduled tribe) order(second amendment)bill,1991.
(2) It shall be deemed to have come into force on the 19th day of april,1991.
Amendment of the constitution(
scheduled tribes) order,1950.
2. In the scheduled to the constitution (scheduled tribes) order,1950 in "PART VI.--karnataka" in item 38, the following shall be inserted at the end, namely:--
" Naik,Nayak,Beda,Bedar and valmiki".
all these above mater is mentioned in this amendment so please advice me these are all caste are considered as PROSPECTIVE or RETROSPECTIVE EFFECT? in this bill put not also mentioned as a w.e.f 19/04/1991
please sir its very urgent for me
because of in our PTCL case judgment the Hon'ble judge of high court of karnataka telling its retrospective effect its revert back to presidential order 1950.
so as soon as possible give me reply,,please
regards
shivanand
venkatesh Rao
(Expert) 02 February 2014
Such amendments are always prospective. More over it has been clearly mentioned as effective from19.04.1991. There is no scope for taking another view since it has been expressly provided.
ajay sethi
(Expert) 02 February 2014
agree with venkatesh rao
Sudhir Kumar, Advocate
(Expert) 03 February 2014
prospective
but you are quoting a judgement the final advise can be given by someone who reads said judgement contact nearest advocate.
Rajendra K Goyal
(Expert) 03 February 2014
Agree with the expert Sudhir Kumar JI.
shivanand
(Querist) 03 February 2014
thanks you sir, your kind advice
shivanand
(Querist) 03 February 2014
dear sir/madam
actually now case is remanded back to DC dharwar with direction to pass appropriate order, in-spite of clear instruction in the amendment to consider the caste w.e.f 19/04/1991, but the judgments are being issued with retrospective effect, but why judges considering the amendments with "retrospective effect"?
In view of this is it issue of judgments is bad?
sir kindly advise how to defend our case with DC
any of the judgments/ rulings issued any of the Hon'ble courts considering the amendments with prospective effect? known to kind self may please me advice
regards
shivanand desai
09986980722
shivanand
(Querist) 03 February 2014
dear sir/madam
actually now case is remanded back to DC dharwar with direction to pass appropriate order, in-spite of clear instruction in the amendment to consider the caste w.e.f 19/04/1991, but the judgments are being issued with retrospective effect, but why judges considering the amendments with "retrospective effect"?
In view of this is it issue of judgments is bad?
sir kindly advise how to defend our case with DC
any of the judgments/ rulings issued any of the Hon'ble courts considering the amendments with prospective effect? known to kind self may please me advice
regards
shivanand desai
09986980722
Sudhir Kumar, Advocate
(Expert) 03 February 2014
you are quoting a judgement the final advise can be given by someone who reads said judgement contact nearest advocate.
Sudhir Kumar, Advocate
(Expert) 03 February 2014
link
http://www.lawyersclubindia.com/experts/brief-note-on-PTCL-case-450851.asp
Sudhir Kumar, Advocate
(Expert) 03 February 2014
link
http://www.lawyersclubindia.com/experts/brief-note-on-PTCL-case-451096.asp#.Uu-V7fuLRn4
T. Kalaiselvan, Advocate
(Expert) 05 February 2014
It is prospective and effect will be given from the date mentioned therein.
