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The notification GSR 383(E) dated 19.04.2018 amended the clause, which came into effect on the same...

The notification GSR 383(E) dated 19.04.2018 amended the clause, which came into effect on the same date. The respondent Directorate had 90 days from 19.04.2018 to file the prosecution complaint. The prosecution complaint was filed on 16.07.2018, within the limitation period of 90 days from 19.04.2018. The Supreme Court in Sree Sankaracharya University of Sanskrit case clarified that a subsequent amendment can be considered clarificatory or declaratory of the previous law only if the pre-amended law was vague or ambiguous, and it was impossible to reasonably interpret the provision without the amendment. In the present case, neither the amendment stated it was clarificatory nor any such implication arose, and no difficulty existed in interp..... .....

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