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
principle of prospective overruling. He submitted that the doctrine of prospective overruling was recognized and applied by this Court in similar cases of food adulteration ... that the Supreme Court had leaned towards the doctrine of prospective overruling because, though the earlier view which was holding the field for a pretty
this
Court held that though the doctrine of prospective overruling was initially
made applicable to the matters arising under the Constitution but
subsequent decisions have ... cases under
different statutes. The Court observed:
“15. The doctrine of "prospective overruling" was initially made
applicable to the matters arising under
basis of earlier
law. While referring to the doctrine of prospective overruling as
expounded by jurists George F. Canfield, Robert Hill Freeman,
John Henry Wigmore ... this Court, they were valid.”
While taking note of the doctrine of ‘prospective overruling’ in
the United States, this Court referred to the decisions
concerning
this Court may
invoke the doctrine of prospective overruling and save all the
orders passed by the CJM’s to this end.
19. We have ... overruling and went on to observe as
follows:
“15. The doctrine of prospective overruling
this Court held that
though the doctrine of prospective overruling was
initially made applicable to the matters arising
under the Constitution but subsequent decisions
have ... cases
under different statutes. The Court observed:
"15. The doctrine of "prospective overruling" was
initially made applicable to the matters arising
under
basis of earlier
law. While referring to the doctrine of prospective overruling as
expounded by jurists George F. Canfield, Robert Hill Freeman,
John Henry Wigmore ... this Court, they were valid.”
While taking note of the doctrine of ‘prospective overruling’ in
the United States, this Court referred to the decisions
concerning
trial and had disposed of many such cases. The
logical consequence of overruling the judgment of Full Bench
in ordinary course would have been invalidation ... numerous authorities on the point, the
Supreme Court invoked the doctrine of prospective
overruling. Consequently, the judgment of the Full Bench,
no doubt, was overruled
Soni 's(supra) case and also the effect
of doctrine of "prospective overruling" invoked by
the Hon'ble Supreme Court
Soni 's(supra) case and also the effect
of doctrine of "prospective overruling" invoked by
the Hon'ble Supreme Court
