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1 - 10 of 10 (0.28 seconds)Section 141 in The Negotiable Instruments Act, 1881 [Entire Act]
Article 226 in Constitution of India [Constitution]
The Companies Act, 1956
Section 291 in The Companies Act, 1956 [Entire Act]
Section 293 in The Companies Act, 1956 [Entire Act]
Section 138 in The Companies Act, 1956 [Entire Act]
Managing Director Ecil Hyderabad Etc. ... vs B. Karunakar Etc. Etc on 1 October, 1993
In Managing Director, ECIL v. B. Karunakar
[(1993) 4 SCC 727 : 1993 SCC (L&S) 1184 : (1993) 25 ATC
704] the view was adopted. Prospective overruling is a part
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of the principles of constitutional canon of interpretation and
can be resorted to by this Court while superseding the law
declared by it earlier. It is a device innovated to avoid
reopening of settled issues, to prevent multiplicity of
proceedings, and to avoid uncertainty and avoidable
litigation. In other words, actions taken contrary to the law
declared prior to the date of declaration are validated in
larger public interest. The law as declared applies to future
cases.
Ashok Kumar Gupta , Vidya Sagar Gupta & ... vs State Of U.P. & Ors on 21 March, 1997
(See Ashok Kumar Gupta v. State of U.P. [(1997) 5
SCC 201 : 1997 SCC (L&S) 1299] and Baburam v. C.C. Jacob
[(1999) 3 SCC 362 : 1999 SCC (L&S) 682 : 1999 SCC (Cri)
433] .) It is for this Court to indicate as to whether the
decision in question will operate prospectively. In other
words, there shall be no prospective overruling, unless it is
so indicated in the particular decision. It is not open to be
held that the decision in a particular case will be prospective
in its application by application of the doctrine of prospective
overruling. The doctrine of binding precedent helps in
promoting certainty and consistency in judicial decisions and
enables an organic development of the law besides providing
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W.P. Nos. 13699 and 21416 of 2019
assurance to the individual as to the consequences of
transactions forming part of the daily affairs...."
I.C. Golak Nath And Ors. vs State Of Punjab And Anr. on 27 February, 1967
"8. .... Normally, the decision of this Court enunciating a
principle of law is applicable to all cases irrespective of its
stage of pendency because it is assumed that what is
enunciated by the Supreme Court is, in fact, the law from
inception. The doctrine of prospective overruling which is a
feature of American jurisprudence is an exception to the
normal principle of law, was imported and applied for the
first time in L.C. Golak Nath v. State of Punjab [AIR 1967
SC 1643] .
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