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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Advocate

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.

 
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Sir, Thanks for replying 

In specific,  service law

 
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Advocate

What are the facts? What is the context?

 
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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 ??

 
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Advocate

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.

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

 
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Advocate

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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