
The Supreme Court has clarified that judicial decisions are generally applied retrospectively unless the ruling explicitly states otherwise.
In contrast, laws enacted by a legislature are prospective unless the statute specifies retroactive intent.
Dismissing an appeal against the Calcutta High Court's decision, the bench upheld that Priyanka Srivastava v. State of Uttar Pradesh (2015) applies prospectively. This judgment mandated affidavits for complaints under Section 156(3) CrPC to curb frivolous cases.
The Court highlighted that the directive was intended for future cases, as indicated in its wording, ensuring fairness in legal procedures.
Court Judgement / 1 year, 1 month ago
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