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Dularey Lodh vs The Iiird Addl. District Judge, Kanpur & ... on 3 May, 1984 cites

Bhikaji Narain Dhakras And Others vs The State Of Madhya Pradesh And Another on 29 September, 1955

"The pre-Constitution laws which were perfectly valid when they were passed and the existence of which is recognised in the opening words of Art. 13(1) revive by the removal of the inconsistency in question. This in effect is 750 the doctrine of eclipse, which, if we may say so with respect, was applied in Bhikaji Narain's case So far as pre-Constitution laws are concerned, the amendment of the Constitution which removes the inconsistency will result in the revival of such laws by virtue of the doctrine of eclipse, as laid-down in Bhikaji Narain's case, for the pre-existing laws were not still-born and would still exist though eclipsed on account of the inconsistency to govern pre-existing matters." (Emphasis supplied) In two recent decisions, this Court has applied the doctrine of eclipse in similar situations.
Supreme Court of India Cites 32 - Cited by 78 - Full Document

Kailash Sonkar vs Smt. Maya Devi on 16 December, 1983

Thus, applying the rule of law laid down by this Court, there would be no difficulty in upholding the judgments of the courts below in this particular appeal. By virtue of the 1972 Act, the decree could not have been set aside or invalidated and the only consequence which would ensue is that the decree would be lying dormant and could not be executed. Once the bar placed by the 1972 Act is 751 removed, by virtue of the doctrine of eclipse the decree will revive and become at once operative and executable. The courts below have rightly decided that after the 1976 Amendment Act the decree became legally executable.
Supreme Court of India Cites 12 - Cited by 65 - S M Ali - Full Document
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