MSMED Act is of prospective nature, has no retroactive effect

The Apex Court has iterated that the MSMED Act of 1993 is of prospective nature and has no retroactive effects. In Odisha State Financial Corporation vs Vigyan Chemical Industeries decided on 5 August 2025, the Supreme Court strongly disapproved of the Odisha State Financial Corporation (‘OSFC’) for its legal mismanagement. A bench of Justices J B Pardiwala and R Mahadevan has put forward that procedural compliance is not just a mere formality; it is rather a substantive safeguard designed to protect the interests of State instrumentalities and the public exchequer.

The liability to make payments under Sections 3 and 4 of the The Interest On Delayed Payments To Small Scale And Ancillary Industrial Undertakings Act, 1993 can only arise after the Act has come into force. Since no prior events and liabilities are attached, the Act only acts prospectively and has no retroactive role. 

The Court referred to the International Airport Authority’s case on the question of when a corporation may be considered an instrumentality or agency of the government. This is not by mere government ownership. These include (1) entire shareholding by the government, (2) substantial financial assistance by the state, (3) state-conferred or protected monopoly, (4) deep and pervasive government control, (5) performance of functions of public importance closely related to governmental duties, and (6) transfer of a government department to the corporation. These are indicative tests and their cumulative effects determine whether a corporation qualifies as “State” under Article 12 of the Constitution. 

Section 29 of the State Financial Corporation Act, 1951 empowers financial corporations to enforce security without court intervention, limiting their liability strictly to funds recovered from the borrower’s assets. These corporations cannot be held personally liable. The judgement has reaffirmed the principle established in the Assam Small Scale Industries case.

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Associate Advocate – Defence Colony Chamber (New Delhi | 2 Vacancies) | Apply Now

Associate Advocate – Defence Colony Chamber (New Delhi | 2 Vacancies | Apply Soon)

A reputed litigation chamber based in Defence Colony, New Delhi is inviting applications for two full-time Associate Advocate positions. This is a great opportunity for advocates with 1–2 years of professional experience to work in a diverse legal practice and gain hands-on exposure to research, drafting, and courtroom proceedings.

About the Organisation

The chamber is actively engaged in a wide range of litigation and advisory matters, representing clients in different forums and across varied areas of law. Associates here work directly with senior advocates, gaining practical exposure to case strategy, procedural compliance, and client communication.

Location

  • Defence Colony, New Delhi, India

Position & Job Type

  • Position: Associate Advocate
  • Type: Full-time
  • Vacancies: 2

Eligibility Criteria

  • Experience: 1–2 years of practice as an advocate
  • Preference: Immediate joiners will be given priority
  • Must be enrolled with a State Bar Council and eligible to appear before courts and tribunals
  • Strong research and drafting skills, with attention to legal accuracy and procedural requirements
  • Good communication skills for both court interaction and client dealings

Key Responsibilities

As an Associate Advocate, you will:

  • Conduct legal research on case laws, statutes, and procedural rules
  • Prepare drafts of pleadings, petitions, notices, and legal opinions
  • Assist in case preparation and compiling documentation for court submission
  • Attend court hearings, assist in arguments, and take detailed notes of proceedings
  • Participate in client meetings and assist in providing legal advice under senior supervision
  • Coordinate with clerks, paralegals, and external counsel as required

Skills & Competencies

This role requires:

  • Strong understanding of litigation processes and court procedures
  • Proficiency in legal drafting, research tools, and citation methods
  • Ability to work independently while maintaining team coordination
  • Time management and prioritisation in a deadline-driven environment

Salary

  • Not specified (competitive and based on experience)

Why Join?

Working at this Defence Colony chamber offers:

  • Direct mentorship from experienced advocates
  • Exposure to diverse practice areas including civil, criminal, corporate, and constitutional law matters
  • Opportunities to build courtroom confidence and improve oral advocacy
  • A professional environment that fosters learning, discipline, and legal skill enhancement

How to Apply

Interested candidates should:

Application Tip

Highlight your PQE (Post Qualification Experience), key cases you’ve assisted in, and your drafting skills. If you are available to join immediately, mention this clearly in your application to increase your chances of selection.

Summary

The Associate Advocate – Defence Colony Chamber (New Delhi) role is perfect for early-career advocates looking to deepen their litigation experience and gain direct exposure to courts, drafting, and client handling. With two vacancies open, this is a valuable opportunity for those aiming to build a strong legal foundation under senior guidance.

Apply now and take the next step in your litigation career.

This opportunity is more than just a job—it is a gateway to building a solid foundation in advocacy. As an Associate Advocate here, you will not only assist in case preparation but also witness the full cycle of litigation, from initial client consultations to final judgments.

You will gain hands-on courtroom experience by attending hearings, observing arguments, and interacting with judges, court staff, and opposing counsel. This exposure will help you understand the nuances of court etiquette, procedural compliance, and effective advocacy techniques—skills that are invaluable for any lawyer aspiring to excel in litigation.

The chamber’s diverse caseload ensures you will work on varied matters, including civil disputes, contractual issues, criminal trials, and writ petitions. Each assignment will challenge your legal reasoning, improve your research efficiency, and enhance your drafting precision.

For immediate joiners, this role offers a fast-track entry into active litigation, enabling you to work alongside senior lawyers on high-stakes cases from day one. You will also develop strong client-handling skills, learning how to communicate legal strategies clearly and confidently.


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