Application for review of statutory amendment | Does an application of review lie in a case where the judgment is rendered erroneous by reason of a statutory amendment? Give reasons.

Question: Application for review of statutory amendment | Does an application of review lie in a case where the judgment is rendered erroneous by reason of a statutory amendment? Give reasons.

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Answer

In the case of Rajan Kotagiri V.S. Rao v. Raja V.V.Rao, Privy Council held that an application of review does not lie in such a case.

The Privy council (Lord Daves), expressed, “an application of review is to be decided in accordance with the law which is in existence on the day the application is made. Thus, if a judgment is right on the day it was passed, a subsequent amendment which renders the judgment erroneous cannot be a ground for review”.

In view of the decision given by the Privy Council in the above-mentioned case, it can be said that an application of review does not lie in the case where judgment has been rendered erroneous by reason of a statutory amendment.

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