Deciding two connected writ petitions arising from a common Industrial Tribunal Award, the Delhi High Court set aside the Tribunal's direction granting hotel workmen a further…
2018 Amendment To Specific Relief Act Is Not Retrospective, Clarifies Supreme Court
The Supreme Court ruled that the 2018 amendment to the Specific Relief Act does not have retrospective effect. The Court observed that unless expressly stated, legislative changes affecting substantive rights or remedies cannot be applied to pending proceedings. The amendment, which expanded the right to seek specific performance, was held to apply prospectively to suits filed after its commencement. The bench relied on statutory interpretation principles and legislative intent, reaffirming that retrospective application requires clear language or necessary implication. The judgment preserves vested rights and legal certainty by ensuring that litigants are governed by the law as it stood at the time of filing, thereby maintaining fairness in contractual remedies.