Can Laws Be Amended to Nullify Judgments in India?

2024 Supreme(Online)(Pat) 3655

Thereafter, the plaintiffs filed a petition under Order-6, Rule-17 of the Code of Civil Procedure (in short “the Code) on 11.01.2023 for amending the plaint. ... The law on this point has been settled by various decisions of the Hon’ble Supreme Court and recently in the case of Life Insurance Corporation of India vs. ... ORAL JUDGMENT 227 of the Constitution of India for setting aside the order dated 16.02.2023 passed by learned Munsif Ist,....

2025 Supreme(Online)(Ker) 57778

JUDGMENT This Original Petition is filed challenging Ext. ... P10 order passed by the learned Munsiff, whereby the applications filed by the petitioner for amending the plaint and for effecting publication under Order I Rule 8 of the Code of Civil Procedure were rejected.

2024 Supreme(BD)(SC) 14004

the learned Advocate appearing for the petitioners submits that it is the settled principle of law ... 1-5 to show cause as to why the impugned judgment and order No.55 Send a copy of this judgment to the Court below at once. ... After hearing the application the learned Joint District Judge, Gaibandha by his impugned judgment and order dated

2023 0 Supreme(Del) 5490

JUDGMENT Manmeet Pritam Singh Arora, J. ... He relies upon the judgment of the Supreme Court in K. Raheja Constructions Ltd. and Anr. vs. Alliance Ministries and Ors., 1995 Supp (3) SCC 17 and Radhika Devi vs. ... Needless to state that no observation made in this order will be an expression on the merits of the claim raised in the plaint and the same shall be decided by the Trial Court at the stage of final adjudication in accordance with law#HL_E....

THE facts of this case are fully set out in the judgment of the Chief Justice as follows: - This is an appeal by the plaintiff from an order amending the decree. ... variance with the judgment. ... as amended is at variance with the judgment. ... He held that he had power to correct the error, and he accordingly made the order now under appeal, amending the decree by giving damages at the rate of....

2023 0 Supreme(Del) 382

JUDGMENT : Tushar Rao Gedela, J. [The proceeding has been conducted through Hybrid mode] 1. ... Barakhamba Road, New Delhi that the necessity of amending the plaint arose. Accordingly, the application under Order VI Rule 17 was filed before the learned Trial Court, whereon the impugned order was passed. 13. ... The learned Trial Court has also not considered this very important and procedural requirement in law and has passed the impugned o....

2023 0 Supreme(Pat) 1251

JUDGMENT : SUNIL DUTTA MISHRA, J. 1. Heard learned counsel for the parties. 2. ... It is also observed that there was sufficient time to the plaintiffs to brought the amendment if required but bringing of amendment at the stage of final argument without stating any reason cannot be allowed and the amendment petition is a misuse of process of law and has been filed with mala-fide. ... Gattu Mahesh and Others, (2012) 1 PLJR SC 412 observed that the entire obje....

2024 0 Supreme(Ker) 829

Question before this Court is whether the trial court has discharged its obligation and whether such amendment is permissible under law. 6. ... According to them, the plaintiffs cannot be permitted to change the nature of the suit by amending the original cause of action and the reason for delay in making the application is not explained by the plaintiffs. ... Thereafter the case was reserved for judgment on 1.11.2017. The date for pronounc....

I would not interfere with the order amending, however great were the changes, provided that then and there the Judge had by alterations, additions, or omissions brought out clearly and fully the meaning of both parties, and had so made the settlement of issues an easy task. ... would not interfere to control such discretion, yet where it appeared, that the District Judge had made alterations in a plaint, but omitted to alter the answer to meet the altered plaint, and th....

2024 0 Supreme(All) 1257

of Amendment Application and the Courts below erred in law in allowing the counter-claim to be pleaded by amending written statement. ... 12. vide paragraph 12 of the judgment in the case of Kamal Kishor Kullar (supra), the Court has held thus: ''12. ... The order of the Courts below to that extent is vitiated in law and is liable to be set aside. So far as other amendments are concerned, neither it was challenged by peti....

2022 7 Supreme 193

What the legislature can do is to change the law on the basis of which the judgment was pronounced retrospectively and thereby nullify the effect of the judgment. When the legislature enacts that notwithstanding any judgment or order the new law will operate retrospectively and the assessments shall be deemed to be validly made on the basis of the amended law, the legislature is not declaring the judgment to be void but rendering things or acts deemed to have been done under ....

2020 0 Supreme(Bom) 1295

If the legislature intents to negate the effect of the judgment, it has to amend the law by removing the basis of the judgment. A circular cannot negate the law laid down by the High Court. If a statute requires a particular thing to be done in a particular manner, it has to be done in a manner prescribed and not in any other way.

2020 0 Supreme(Bom) 899

If a statute requires a particular thing to be done in a particular manner, it has to be done in a manner prescribed and not in any other way. A circular cannot negate the law laid down by the High Court. If the legislature intents to negate the effect of the judgment, it has to amend the law by removing the basis of the judgment.

2017 0 Supreme(Bom) 510

It has to alter the basis or foundation of the law on which the judgment has been delivered. That has not been done and simplicitor overruling of a binding decision rendered by a competent court is impermissible. If it is held to be retrospective, then, merely because the legislature holds a particular view, it cannot overturn or reverse a binding judgment of a court of law.

Current Civil Cases

Review: (Noun) 1. A formal assessment of something with the intention of instituting change if necessary. Review : 1. Consideration, inspection, or re-examination of a subject or thing. Law a reconsideration of a judgment or sentence by a higher court or authority.