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Tarnbir Singh   04 October 2020

Review powers of Supreme court and High courts.

suppose if supreme court or any High court while deciding a case overrule it's own principle by which the previous judgement was given and in new judgement in any other new (similar but not same to the previous) case another principle is imposed . Is it means that previous judgement become invalid automatically because of overruling the principle Or may be judgement? If no than why? If yes than the defendants in previous case will be entitled to claim compensation for wrong judgement of court?


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 3 Replies

Tarnbir Singh   05 October 2020

yes same court and same judge.... by the virtue of the powers conferred by the Constitution to the Supreme court in article 137 of Constitution.

Tarnbir Singh   05 October 2020

that's ok if your not comfortable with..... yeah may be my question is not technically correct, I can demonstrate it with a example...... justice dy chandrachud by overruling his father's ruling strike down section 497 after so many years. That means court overturned it's own judgement. Now please take up my questions that ,it means the previous judgement was wrong ? And before overturning it's judgement the individuals who are effected by it or punished by under article 497 , will they entitled to claim compensation due to court's own wrong judgement?
1 Like

Adv Vinay Mathur + 8447131770 (Advocate)     06 October 2020

in criminal justice system whenever a new judgement or law comes it is always prospective meaning it gets enacted from that day when the judgement pronounced.

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