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
others , reported in (2003) 7 SCC 517, while
explaining the doctrine of prospective overruling held as under :
"8. .. .. .. Normally, the decision of this Court ... particular case will be prospective in its
application by application of the doctrine of prospective over
ruling. The doctrine of binding precedent helps in promoting
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
whether the
decision in question will operate prospectively. In other
words, there shall be no prospective overruling, unless
it is so indicated in the particular ... particular case
will be prospective in its application by application of
the doctrine of prospective overruling. The doctrine of
(25 of 38)
[CW-12858/2015
basis of earlier law. While
- 30 -
referring to the doctrine of prospective
overruling as expounded by jurists George
F. Canfield, Robert Hill Freeman, John
Henry ... Mapp
v. Ohio. Subsequently, the US Supreme
Court applied the doctrine of prospective
overruling in Linkletter v. Walker, as it
was of the opinion that
Court Cases 557 in which it is held that,
"Precedents-- Prospective overruling- Doctrine of--
Applicability of, in instant case involving service
matter-- Question ... otherwise
stated to be so specifically-- Thus, there is no
prospective overruling unless it is so indicated
expressly and in clearest possible terms."
Thus
complete justice. The Constitution Bench first applied the doctrine of prospective overruling evolved by the Courts in USA in Golaknath case by observing that ... past transactions or would apply prospectively to the transactions in future only. The doctrine of "prospective overruling" limits applicability to future situations
whether the decision in question will
operate prospectively. In other words,
there shall be no prospective overruling,
unless it is so indicated in the particular ... 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
substance.
19. The legal position with reference to
applicability of doctrine of 'prospective overruling'
is no more res-integra. The doctrine
make
the same prospective, we see no good reason to do so.
Invocation of the doctrine of prospective overruling lies in the
discretion ... applicants. We find no compelling public interest to invoke
the doctrine of prospective overruling. The prayers made in
the present applications are, therefore, refused
