Does prospective law apply to pending suit

819 votes

No.. a prospective law will not apply to a pending suit or case... Only if the law enacted is retrospective would the same have applicability in a pending suit in which case the the pending suit would be decided as per the new retrospective law..

Hope the above is helpful.

Advocate Tushar A John LawRato

794 votes

Dear Sir,

Ordinarily, the change in law would not affect the rights of the party as they stood prior to amendment. But whenever an amendment is made in law, it gives rise to many questions, therefore, it would be best to to see the papers and guide you accordingly.

Thanks

Advocate Dheeraj Gupta LawRato

763 votes

If the suit is pending on the date of law coming into force it can be applied . If the suit has been decided prior to amendment than amendment or change in law cannot be cited. It is as per the facts of the case.

Advocate Nidhi Dalal LawRato

555 votes

It depends upon the language of the law, date of application is important. But generally prospective law does not apply to the pending litigation. Prospective law does not apply in retrospective effect.

Advocate Vikash Kumar LawRato

721 votes

The word prospective with reference to statutes shows that it is concerned with or applying the laws in future or atleast from the date of commencement of the statute. Whereas the word retrospective when used with reference to an enactment may mean:

1. Effecting an existing contract or
2. Reopening of the past , closed and completed transactions, or
3. Affecting accrued rights and remedies, or
4. Affecting procedure.

If an enactment is prospective in nature then, It does not affect that which has gone, or completed and closed up already.

Advocate Anil Upadhyay LawRato