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2016 Amendment to Section 21 of the RDDB Act - Prospective or Retrospective?
The legal fraternity stands at crossroads with the Karnataka High Court's interpretation of Section 21's 2016 amendment under the RDDB Act. This in-depth analysis explores the amendment's prospective vs. retrospective nature, contrasting the Vijay Mallya case's judgment with Supreme Court precedents. The amendment, which revised the pre-deposit condition for appeals, previously allowed for judicial discretion and now imposes a 25% minimum. This shift poses a hurdle to appellants and their substantive right to appeal. The article calls into question the High Court's rationale, suggesting that the judgment overlooked established Supreme Court decisions favoring prospective application in similar scenarios, especially when such amendments affect accrued rights. It underscores the need for higher judicial scrutiny to safeguard litigant rights, hinting at a potential re-examination by the Supreme Court to ensure justice that resonates with past rulings.