if court overruled particular act prospectively, than what would happen to action already taken under impugned act, will that action would be affect or continue...
shaan ali 22 December 2016
if court overruled particular act prospectively, than what would happen to action already taken under impugned act, will that action would be affect or continue...
adv.bharat @ PUNE (Lawyer) 22 December 2016
Action taken under impugnant act will have no effect in eyes of law.
Ms.Usha Kapoor (CEO) 23 December 2016
Retrospective overruling means with reference to past actions which would conrtinue from back date as if nothing has happened.Past actions continue to have force of law or legal effect. Prospective overruling means ONLy actions henceforth or hereafter will have force of law backeed by a new meaning given to the law to that force.Jurists etc normally give more importance to prospective over ruling as the retrospective overruling we can't bring back the past.Past will continue to have legal effect in retrospective overruling. Whereas in retrospective overuling past if some law has been made it will continue to have effect in the future till prospective overruling takes place hence prospective overruling rules the roost.If you appreciate this answer please give me a like on my profile.
P. Venu (Advocate) 23 December 2016
The facts posted are incomplete to offer any meaningful suggestion.