that case it was laid down that the doctrine of
prospective overruling can be invoked only in
matters arising under the Constitution and the
same ... 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
International (supra)
was followed in many an authority till it was prospectively overruled
in BALCO. The Constitution Bench in BALCO recorded its conclusion
in this
that the
directions issued in the said case would come into effect prospectively,
i.e., it would apply to decisions rendered after March ... decision in L. Chandra Kumar was rendered. The doctrine of
prospective overruling was invoked to maintain the sanctity of judicial
precedents and not to disturb
that
the directions issued in the said case would come into effect
prospectively, i.e., it would apply to decisions rendered after
March ... decision in L. Chandra
Kumar was rendered. The doctrine of prospective
overruling was invoked to maintain the sanctity of judicial
precedents and not to disturb
valid. Their Lordships have not observed anything with regard to saving or prospective applicability. We only say so, as nothing has been saved therein ... power to say that the judgment will be prospective. The concept of prospective overruling or applicability rests only with the Apex Court. The said view
decision to the extent that it held otherwise is accordingly overruled
though prospectively with effect from the date of this judgment.”
29. We may note
decision to
the extent that it held otherwise is accordingly
overruled though prospectively with effect from
the date of this judgment.”
29. We may note
Santhini vs Vijaya Venketesh on 9 October, 2017
Equivalent citations: AIR 2017 SUPREME COURT 5745
case the authority in Kone Elevators
(supra) is overruled, it should be given prospective effect.
8. Mr. K.N. Bhat, learned senior counsel
establishment concerned,
(4) We overrule the judgment of this Court in Air India case (supra) prospectively and declare that any direction issued by any industrial
