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1 - 10 of 32 (2.25 seconds)Section 149 in The Code of Civil Procedure, 1908 [Entire Act]
Article 142 in Constitution of India [Constitution]
The Amending Act, 1897
Section 14 in The Limitation Act, 1963 [Entire Act]
The Limitation Act, 1963
Section 4 in Tamil Nadu Court-Fees and Suits Valuation Act, 1955 [Entire Act]
I.C. Golak Nath And Ors. vs State Of Punjab And Anr. on 27 February, 1967
86. The Doctrine of prospective overruling began its innings
with the decision of this Court in L.C. Golak Nath V. State of
Punjab. This Court in the said case relied upon Articles 32,
141 and 142 of the Constitution and extended this doctrine
which was in vogue in the United States. The principle
involves giving effect to the law laid down by this Court, from
a prospective date, ordinarily the date of the judgment. There
is no dispute that while initially the doctrine was confined to
matters arising under the Constitution, later on it has been
applied to other areas of law as well.
Somaiya Organics (India) Ltd. & Anr vs State Of Uttar Pradesh & Anr on 17 April, 2001
In Somaiya Organics (India) Ltd V. State of Uttar
Pradesh, the Court went on to hold as follows in regard to the
doctrine of prospective overruling.
India Cement Ltd vs State Of Tamil Nadu Etc on 25 October, 1989
“25. The words “prospective overruling” implies an earlier
judicial decision on the same issue which was otherwise final.
That is how it was understood in Golak Nath [AIR 1967 SC
1643: (1967) 2 SCR 762]. However, this Court has used the
power even when deciding on an issue for the first time. Thus, in
India Cement Ltd. V. State of T.N.[(1990) 1 SCC 12] when this
Court held that the cess sought to be levied under Section 115 of
the Madras Panchayats Act, 1958 as amended by Madras Act
18 of 1964, was unconstitutional, not only did it restrain the
State of Tamil Nadu from enforcing the same any further, it also
directed that the State would not be liable for any refund of cess
already paid or collected.