Home Case Index All Cases Indian Laws Indian Laws + SC Indian Laws - 2009 (7) TMI SC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2009 (7) TMI 747 - SC - Indian LawsWhether the State can in exercise of its sovereign legislative power enact an amendment Act seeking to remove and cure the defects in the previous law despite there being a judgment on the previous law?? Held that:- It is always open to the legislature to alter the law retrospectively as long as the very premise on which the earlier judgment declared a certain action as invalid is removed. The situation would be one of a fundamental change in the circumstances and such a validating Act was not open to challenge on the ground that it amounted to usurpation of judicial powers Thus in the instant case the amending Act read with its validation clause correctly passed the tests laid down by this Court. The appeals are allowed. The judgment of the High Court is thus set aside
|