Retrospective amendement to nullify a judiciary judgment
aloktyagi
(Querist) 01 September 2012
This query is : Resolved
whether or not a judgment passed by hon'ble Chief Justice of high court can be nullified by supreme court if retrospective amendement is done by d legislature of d state.....the retrospective amendement was done for negativing d judgment passed by d Hon'ble court against d state...state filed d review in d high court but chief justice rejected d review though d retrospective amendement was done ...state after dat complied d judgment ...but d parties which got an adverse affect after d judment is in mood of filing d SLP in hon'ble supreme court ..the whole grounds for filing d petition is RETROSPECTIVE AMENDEMENT ......so what are the chances?
Devajyoti Barman
(Expert) 01 September 2012
The amendment with retrospective effect is not always ultra vires of law.
The chances of SLP depends on the merit of your case which is not described here.
There are plethora of amendments with retrospective effect are held valid.
Only those amendments in criminal jurisprudence which seeks to punish a person for acts committed at atime when such acts were not criminal are held unconstitutional which is called= ' ex post facto law'.
prabhakar singh
(Expert) 01 September 2012
Legislatures have right to legislate prospectively as well as retrospectively within framework of the constitution.
aloktyagi
(Querist) 02 September 2012
Dear sir ,legislature no doubt has d right to amend a law retrospectively ..but here i want to know whether d act is permiasiable in law if d same is done to nullify/negativate d judgment already passed by d hon'ble high court as .in Re Cauvery Water Disputes Tribunal 1993 SCC Supl. (1) 96 where it had been held:
“The legislature can change the basis on which a decision is given by the Court and thus change the law in general, which will affect a class of persons and events at large but it cannot set aside an individual decision inter-parties and affect their rights and liabilities alone. Such an act on the part of the legislature amounts to exercising the judicial power of the State and to functioning as an appellate court or Tribunal”..plz guide me regarding dis issue
Anirudh
(Expert) 02 September 2012
Dear Mr. Alok Tyagi,
You are asking an abstract question.
If your question has to be answered, the answer is available in the SC Decision in Cauvery Water Disputes Tribunal quoted by you.
What you want to know is not that, what you already know.
But what you want to know is the latest of the action of the legislature whether it is correct.
To come to any reasonable conclusion or answer to that question, minimum the following material is required:
1. What is the Retrospective amendment that has been made by the Legislature?
2. What is the Judicial Decision that you are referring to, which the legislative action seeks to annul?
Without knowing these two basic details, answer to your question is anybody's guess.
venkatesh Rao
(Expert) 02 September 2012
well said Anirudh. Many queries are such that they check the capability of experts rather than seeking advice. They do not unfold at least minimum information and thus keep the experts do guess work.
Anirudh
(Expert) 02 September 2012
Dear Mr. Venkatesh Rao,
Thanks.
But, I sincerely feel, that it is equally the fault of we Experts. We tend to give reply (I really do not know as to what is the urge!) whether or not the facts are complete, whether or not the query is clear, whether or not one knows the subject!
If only, we Experts, try to obtain as much information as is required to answer a query, before answering the same, I AM DAMN SURE, such irrelevant and non-serious queries will vanish from the site.
Then we can have a really serious queries, and one can really give an appropriate answer and have a sense of satisfaction. BUT ALAS, THAT IS NOT THE POSITION TODAY.
aloktyagi
(Querist) 02 September 2012
m really sorry if nything went wrong but my intention was not for checking d experts capability.i m nobdy to do dat......sir plz send ur email ID's i will be mailing u d hon'ble high court's judgment ..i jst want advice as m one of d appelant of d case n worried about its consequences in hon'ble apex court ...thanx
Anirudh
(Expert) 03 September 2012
Dear Alok Tyagi,
1. Pl. do not use SMS language.
2. If you are an interested party in the case, you very well know as to what is the fact of the case. Otherwise, at least give the Complete Case No. and the Court which decided the case.
3. Further when you talk about the retrospective effect, you have to first give details of the Amendment Act also. Only thereafter it is possible for anyone to give a reply.
aloktyagi
(Querist) 04 September 2012
ok anirudh sir . i will make sure not to repeat it again. Well The case was heard in Hon'ble high court of uttarakhand and judgment was passed on 02/05/2012. it was RAVI JOSHI & others VS ANIL JOSHI & others with special appeal no. 77/2012 .
The special appeal was allowed but Hon'ble C.J. declared a clause of d general rule ULTRAVIRAL.as according to the clause the rule book is for post below 12th..
so he ordered d examination board to prepare a fresh merit list as per departmental rule book(concerned to d prescribed post) where academics preference has to be given.
After that government retrospectively cured the Typographical defect by amending it ,making it for the post above the 12th, as it should have been..and reviewed the judgment ..but court decided dat a SUBSEQUENT DEVELOPMENT is against rule of law as hon'ble C.J. stated that there is no error in ORDER/FACE OF RECORD and government has amended d clause for negativing the judgment and for safeguarding the previous merit. so the review petition was dismissed..one more thing, prior to our special appeal, single bench QUASHED the recruitement. and after that we went for the special appeal. thanx sir ..your valuable interpretation needed
