Law: Evidence Act, (1 of 1872)

Section: 3 , 63

Law: Land Acquisition Act (I of 1894)

Section:

  Evidence Act (I of 1872)-- ---S. 63---Attested document---Evidentiary value of---Attestation of a document by itself carries no weight, unless it was certified as true copy of the original. Evidence Act (I of 1872)-- ---(.    63    illustration    (a)  Secondary evidence---Photostat of the original-- Evidentiary value of---Proof of correctness of the photostat could. be ascertained either by its comparison with the original by the Court or by a certificate to that effect, competent authority. Muhammad Abdullah's case 1982 PCr. L J 658 ref. Interpretation of statutes-- ---  Retrospectivity---Statutes                                                    operating retrospectively are not looked with favour as the same are considered oppressive and unjust; particularly, penal, fiscal and such statutes which impair vested rights of citizens, are not given retrospective effect unless the statute is so designed. Legislation- --- Delegated legislation---Power to legislate restrospectively---Subordinate legislation by a delegated legislative authority cannot be given retrospective effect unless, the statute under which delegation of legislative power was made, expressly provided as such---Where the statute does  not  delagate  legislative  power  to  the   Government to legislate retrospectively, Government would be deemed to have been conferred jurisdiction of prospective legislation. Shaikh Fazal Ahmad's case PLD 1964 SC 494 ref. Land Acquisition Act (I of 1894)- ---S. 3(c)---Acquisition of land---Award by Collector---Revenue functionary making award was not conferred with the status and jurisdiction of Collector Land Acquisition on the date of award but such powers were conferred subsequently with retrospective effect---Notification of conferment of powers would operate prospectively and not…