understand this argument, it is
necessary to refer about the doctrine of
Prospective Overruling.
10. Doctrine of Prospective Overruling is
succinctly referred ... does not expressly
or by necessary implication speak against the
Doctrine of Prospective Overruling and further
observed that the Doctrine of Prospective
Overruling
that the Supreme Court for the first time invoked the doctrine of prospective overruling, at the same time laying down its limitations. The majority observed ... beginning. We would lay down the
following propositions : (1) the doctrine of prospective overruling can be invoked only in matters arising under our Constitution
Court's declaring the law prospectively--by recourse to the
doctrine of prospective overruling.
31. It pays to note that L.C. Golak Nath ... Constitution
of India, even without applying the doctrine of prospective
overruling, indisputably may grant a limited relief in exercise of
their equity jurisdiction.
Retrospective Conferment
relied on by the contesting respondents may be examined.
The doctrine of prospective overruling was considered by the Supreme Court in Golak Nath ... held as follows in paragraph 51:
"(1) The doctrine of prospective overruling can be invoked only in matters arising under our Constitution
their
Lordships of the Supreme Court have not invoked the doctrine of
prospective overruling in that case . Unless the Apex Court invokes the
special powers ... prospective
overruling in cases like this, the law laid down by a later Bench
overruling its earlier view, will apply not only on a prospective
beginning. We would lay down the following propositions: (1) The doctrine
of prospective overruling can be invoked only in matters arising under our Constitution ... 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
justified
in considering the same.
16. The principle of the doctrine of prospective overruling
has been considered in a long line of judgments ... paragraphs 16 and 17 as
under:
"16. The "doctrine of prospective overruling" was,
observed by this Court as a rule of judicial
justified
in considering the same.
16. The principle of the doctrine of prospective overruling
has been considered in a long line of judgments ... paragraphs 16 and 17 as
under:
"16. The "doctrine of prospective overruling" was,
observed by this Court as a rule of judicial
which obtain in this case. It is
contended that the doctrine of 'prospective overruling' should apply.
Though judgment of the Division Bench ... Seemanthini based
on the principles of Promissory Estoppel and doctrine of Prospective
Overruling and the argument that exemption which is granted under
Rule
confined to its
applicability merely on a prospective basis. The doctrine of prospective
overruling is a rule which can be invoked only by the Supreme ... even though it is a constitutional court, to invoke the doctrine
of prospective overruling and the legal position so settled by the High
Court would
