Amendment Act ,, 1964-Whether
invalid for contravention of Art. 13(2).
Prospective overruling, doctrine of-Vast agrarian changes
under constitutional amendments-Necessity of preserving past ... would be
undesirable to give up that doctrine and supersede it with
the doctrine of prospective overruling. [852,D-F]
Moreover a law contravening
arbitrary and
violative of Article 14 of the Constitution.
The doctrine of prospective overruling was simply based
on equity and full effect must be given ... Nariman that there is no
jurisprudential basis for applying the doctrine of
prospective overruling in India. He submitted that this
doctrine was first invoked
Court. The High Court
has taken the view that the doctrine of prospective overruling could be
invoked only by the Apex Court ... have heard learned counsel for the parties at length. The doctrine
of prospective overruling has its origin in American jurisprudence. It was
first invoked
arbitrary and
violative of Article 14 of the Constitution.
The doctrine of prospective overruling was simply based
on equity and full effect must be given ... Nariman that there is no
jurisprudential basis for applying the doctrine of
prospective overruling in India. He submitted that this
doctrine was first invoked
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 ... 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
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 ... 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
doctrine in their own way. Ultimately the United States Supreme Court considered the question of applicability of the doctrine of prospective overruling in Linkletter ... Making and Prospective Overruling' published in Current Legal Problems, 1973 Vol. 26, p. 166 concluded that 'prospective overruling does not and, in spite
Kumar
RULING-Powers to invoke-Who has-HELD-The Doctrine of prospective overruling is a doctrine which could be invoked only by the Supreme Court ... this Court. Therefore, he submits neither the doctrine of stare decisis nor the doctrine of prospective overruling is applicable to the case on hand
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 ... 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
Tribunal, in effect, amounts to application of the doctrine of prospective overruling.
29. In Golak Nath v. State of Punjab ... 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
