laid down by this Court.
Following American jurisprudence, the doctrine of
prospective overruling was applied in I.C. Golak Nath &
Ors. v. State ... down by this Court in Golak Nath (supra):
“(1) The doctrine of prospective overruling can be
invoked only in matters arising under our Constitution
still this Court
held that the power to apply the doctrine of prospective overruling
(so as to remove the adverse effect) must be exercised ... supra), cannot stand
since this Court did not apply the doctrine of prospective
overruling in Bimlesh Tanwar (supra) in express terms. It goes as
follows
advance the interests of justice. The doctrine of prospective
overruling is in essence a recognition of the principle that the
Court moulds the reliefs claimed ... apply
its decision prospectively, i.e., from the date of its judgment to
save past transactions.”
86. The Doctrine of prospective overruling began its innings
prospective overruling or prospective operation of
judgments. There cannot be any manner of doubt that this
Court can apply its decision prospectively, i.e., from ... made prospectively applicable subsequently by a
different bench of this Court. The doctrine of prospective
overruling was applied to Indian law in Golak Nath (supra
Nurpur
Private Bus Operator Union , the doctrine of prospective
overruling cannot be utilised by the High Court. In 2001 (1)
SCC 534, Raymonds ... MPEB, it was again held that
doctrine of prospective overruling can be invoked only in
matters arising under the constitution and that
doctrine of prospective overruling,
which is a feature of American jurisprudence is an exception to
normal principle of law. Prospective overruling is part of principle ... will operate prospectively. In other words, there
shall be no prospective overruling, unless it is so indicated in the
particular decision. The doctrine of binding
resorting to the device of prospective declaration drawing support
and sustenance from the doctrine of 'prospective overruling'. After
adverting to the pronouncement ... Haryana and Others 5, the Supreme Court
enunciated that the doctrine of prospective overruling may not be
confined to a straight jacket. The ambit
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
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
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
