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1 - 10 of 15 (0.21 seconds)Section 468 in The Code of Criminal Procedure, 1973 [Entire Act]
Section 17 in The Prevention Of Food Adulteration Act, 1954 [Entire Act]
Municipal Corporation Of Delhi vs J.B. Bottling Company Private Limited on 14 March, 1975
8. Shri Sareen, on behalf of the petitioners, contended that the decision of the High Court in Municipal Corporation of Delhi v. J. B. Bottling Co. Pvt. Ltd. 1975 Cri LJ 1148 (Delhi) (FB), (supra), by which the Court had overruled its earlier decision would apply to the cases in future and it cannot be given retrospective effect; in other words, according to the counsel, the doctrine of prospective overruling should be applied.
The Indian Penal Code, 1860
Section 320 in The Indian Penal Code, 1860 [Entire Act]
Section 6 in The Prevention Of Food Adulteration Act, 1954 [Entire Act]
Section 7 in The Prevention Of Food Adulteration Act, 1954 [Entire Act]
Section 4 in The Code of Criminal Procedure, 1973 [Entire Act]
Rameshwar Dass Chottey Lal And Ors. vs Union Of India And Ors. on 10 October, 1969
9. On giving the argument my careful thought I ant of the view that the principles underlying the doctrine of prospective overruling would apply to the facts of the case in hand. When the revision petition filed by the Municipal Corporation against the order of discharge of the petitioner and other accused was heard by Ansari, J. the law was that no company or firm could be prosecuted and punished for an offence which is compulsorily punishable with imprisonment. The Corporation did not challenge the law laid down in M/s. Rameshwar Chotte Lai , (supra), and which was followed by Ansari, J. by taking the matter to Supreme Court. In the result the decision became final as far as the parties to the case were concerned. The fact that in a subsequent decision the law laid down in M/s. Rameshwar Chotte Lai was overruled cannot justify the reopening of the cases which had been decided long before and in accordance with law then holding the field.