Supreme Court · 2022 INSC 996 · Decided 22 September 2022

Bharat Sanchar Nigam LTD. and Others Etc v. M/S Tata Communications LTD. ETC.

Court
Supreme Court of India
Citation
2022 INSC 996 · [2022] 18 S.C.R. 143
Case number
CIVIL APPEAL No. 1699/2015
Decided
22 September 2022
Bench
AJAY RASTOGI, B.V. NAGARATHNA (2-judge bench)
Outcome
Case Partly allowed
Case type
Civil

Headnote

Administrative Law - Administrative/executive orders or circulars, if can be made applicable with retrospective effect - Held: Only law could be made retrospectively if it was expressly provided by the Legislature in the Statute - Administrative/executive orders or of any legislative competence cannot be made applicable with retrospective effect - In the present case, applicability of the circular dated 12th June, 2012 to be effective retrospectively from 1st April 2009, in revising the infrastructure charges, is not legally sustainable and to

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