protected. In
that case it was laid down that the doctrine of
prospective overruling can be invoked only in
matters arising under the Constitution ... doctrine of prospective overruling. The
doctrine of binding precedent helps in promoting
certainty and consistency in judicial decisions
and enables an organic development
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
observed as
follows:
"15. The doctrine of "prospective overruling" was
initially made applicable to the matters arising
under the Constitution ... matters arising under the statutes as well. Under
the doctrine of "prospective overruling", the law
7
declared by the Court applies
predicated in M.
Nagaraj (supra), the same may be overruled prospectively.
These submissions are taken note of, to be rejected in the
light of judgment ... wherein it is held -
:: 35 ::
10. ... the doctrine of prospective overruling
cannot be utilized by the High Court. Once the
High Court came
abuse of power to advance
a private purpose by invoking doctrine of prospective overruling[13].
21. We are also conscious of the legal position that
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
predicated in M. Nagaraj
(supra), the same may be overruled prospectively.
These submissions are taken note of, to be
rejected in the light of judgment ... wherein it is held -
10. ... the doctrine of prospective
overruling cannot be utilized by the High
Court. Once the High Court came to the
conclusion
supposed rule are governed by the law
established in the overruling decision. The overruling
is retrospective, except as regards matters that are
res judicatae ... India, (1967) 2 SCR 762 , this Court
has accepted the doctrine of "prospective overruling". It is
based on the philosophy:
"The past
prospectively i.e. will apply to
decisions rendered hereafter. To maintain the sanctity
of judicial proceedings, we have invoked the doctrine of
prospective overruling
promotion,
etc., affecting others, delay would render the claim stale
and doctrine of laches/limitation will be applied. Insofar
as the consequential relief of recovery ... wherein the Supreme
Court had accepted the doctrine of prospective overruling, for the past
cannot be erased by a new judicial declaration, but observed that
