Tag Archives: Retrospective Validation

Ratification – Principle of

The expression “ratification” means the making valid of an act already done. This principle is derived from the Latin term “ratihabitio mandato aequiparatur” meaning thereby “a subsequent ratification of an act is equivalent to a prior authority to perform such act.” It is for this reason; the ratification assumes an invalid act, which is retrospectively validated.
The expression “ratification” was succinctly defined by the English Court in one old case, Hartman v. Hornsby, 142 Mo 368 44 SW 242, as under:
“Ratification is the approval by act, word, or conduct of that which was attempted (of accomplishment), but which was improperly or unauthorisedly performed in the first instance.”
In Maharashtra State Mining Corporation v. Sunil, (2006) 5 SCC 96, it was held that ratification by definition means the making valid of an act already done. It assumes an invalid act which is retrospectively validated. National Institute of Technology v. Pannalal Choudhury, 2015 (3) ESC 377.

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Filed under Employment Law, Ratification