Justice for all (Legal) 29 May 2010

Scope of "Review of Judgment"- in light of new SC judgment

Can anybody explain the "real implications" of the Supreme court judgment in the case of S.Bhagirathi Ammal v/s Palani Roman Catholic Mission, 2008, SC

Here it was held by the SC (3-judge) that Review of the judgment (due to change in statutory Act) is possible even after decree was passed but had not been finally executed. Now the question is -- Does the above principle applies in the case where after the judgments, but before the execution of decree, if a NEW Case Law is pronounced by a higher court ?

Reply Follow

3 Replies

N.K.Assumi (Advocate) 29 May 2010

Legislative mendates will prevail over the Judgmnt of the Court. Judgment of the Court can be nullified by enacting new law by the competent legislatures.

PJANARDHANA REDDY (ADVOCATE & DIRECTOR) 29 May 2010

I GO WITH ASSUMI,

This is happenned in Tamilnadu when the reservations exceeded 51% court struk the ordinanance. After the bill was passed the court judgment became null and void as per new law.

Devajyoti Barman (Advocate) 29 May 2010

The judgement of High Court can not be equated with the enactment of new law. In any case the decision of High Court does not have that binding effect which the Supreme Court has.