Prospective overrulig

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...


Action taken under impugnant act will have no effect in eyes of law.



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.


The facts posted are incomplete to offer any meaningful suggestion.




Your are not logged in . Please login to post replies

Click here to Login / Register  


Search Forum:


  LAWyersclubindia Menu