Sunday, 7 October 2018

Whether law laid down by Supreme court or High court can have retrospective or prospective application?

The last contention of Mr. Irani that the judgment of this Court in Anant T. Sabnis v. Vasant Pratap Pandit, delivered in 1979 cannot have retrospective application has no substance, as a judgment only lays down what the law always has been, as such there is no question of retrospective or prospective application. Only in case of any amendment to an enacted law, one can argue whether it has retrospective effect or not, but not in case of any judgment.
IN THE HIGH COURT OF BOMBAY

First Appeal No. 46 of 2000 in L.C. Suit No. 1743 of 1992

Decided On: 11.07.2006

 Zahid Ahmedali Mazgaonwalla Vs. Gulshan Pyarali Mazgaonwalla


Hon'ble Judges/Coram:
Dr. S. Radhakrishnan, J.

Citation: 2006(5) ALLMR 49.
Read full judgment here:Click here
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