Oct 30, 2024

Supreme Court Lays Down Principles Regarding Prospective Overruling of Judgments

The Supreme Court in Mineral Area Development Authority v. SAIL,[1] held that the doctrine of prospective overruling and its declaration of invalidation takes effect from a future date, to bring about a smooth transition of the operation of law without unduly affecting the rights of the people who acted upon the overruled law. It is a device innovated to avoid, inter alia: (i) reopening settled issues during the subsistence of such an act; and (ii) refund of amounts collected under invalid legislation.

[1] Mineral Area Development Authority v. SAIL, 2024 SCC OnLine SC 1974.

TAGS

SHARE

Subscribe

DISCLAIMER

These are the views and opinions of the author(s) and do not necessarily reflect the views of the Firm. This article is intended for general information only and does not constitute legal or other advice and you acknowledge that there is no relationship (implied, legal or fiduciary) between you and the author/AZB. AZB does not claim that the article's content or information is accurate, correct or complete, and disclaims all liability for any loss or damage caused through error or omission.

RELATED READING

Inter Alia

Supreme Court Holds that Arbitral Awards with Inadequate Reasons Should be Explained Rather than Set Aside

Oct 30, 2024 | Dispute Resolution
Inter Alia

Publication of New Standards of QOS Regulations

Oct 30, 2024 | Media & Telecommunications
Inter Alia

MCA Introduces Fast Track Approval Process for Inbound (Cross-Border) Mergers

Oct 30, 2024 | Corporate / Mergers & Acquisitions