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Amit Sangwan   17 April 2021

Service jurisprudence

Can an interpretation given to a provision as the law stood in that day would apply and not some new subsequent interpretation given in future



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 7 Replies

Pradipta Nath (Advocate)     17 April 2021

Shall depends upon case to case basis. Interpretation of Supreme Court or High Courts does change/s or varies from time to time. Eg. Adultery, same s*x relationship, right to equality over right to practice religion etc.

Amit Sangwan   17 April 2021

Sir, Thanks for replying 

In specific,  service law

P. Venu (Advocate)     18 April 2021

What are the facts? What is the context?

Amit Sangwan   18 April 2021

For example,  if a person got a job in 2016 and in 2020 SC interpreted the provision in against of his qualifications or experience required.  Would that interpretation given to a provision as the law stood in that day would apply and not some new interpretation guven in future?

somewhat related a person can only be bound by the law which is applicable on the date of the incident ??

Pradipta Nath (Advocate)     19 April 2021

Need to go through the judgement to appraise that it includes a retrospective effect or prospective effect. In case the Judgement is silent in this respect, it is often deemed as prospective and not retrospective to balance situation.

Amit Sangwan   19 April 2021

Is there any judgment relating to silent of law has prospective effect in service jurisprudence???

Pradipta Nath (Advocate)     19 April 2021

1. In Garikapati Veeraya v. N. Subbiah Choudhry, the SC observed "The golden rule of construction is that, in the absence of anything in the enactment to show that it is to have retrospective operation, it cannot be so construed as to have the effect of altering the law applicable to a claim in litigation at the time when the Act was passed."

2.  In Smt. Dayawati v. Inderjit, the SC observed "Now as a general proposition, it may be admitted that ordi- narily a court of appeal cannot take into account a new law, brought into existence after the judgment appealed from has been tendered, because the rights of the litigants in an appeal are determined under the law in force at the date of the suit. Even before the days of Coke, whose maxim-a new law ought to be prospective, not retrospective in its operation".


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