Overruling - Judgment Search Results

Centre of Indian Trade Union and anr. Vs. State of Madhya Pradesh and ...

Court: Madhya Pradesh

Reported in: 2002(1)MPHT179

..... punjab v kuldeep singh supra was followed which stood specifically overruled by supreme court in deshraj case supra the respondents haveheavily ..... by arbitrator suffers with the same fallacy of following an overruled decision of kuldeep singh supra it also does not appear ..... runs contrary to varioussupreme court decisions and based on an overruled decision of kuldeep singh supra and is liable to be .....

Harris Vs. United States

Court: US Supreme Court

..... constitutional under mcmillan which remains sound authority after apprendi the court will not overrule a precedent absent a special justification the justification offered by petitioner is that ..... implicating fundamental constitutional protections afforded criminal defend 573 ants i would reaffirm apprendi overrule mcmillan and reverse the court of appeals i harris was indicted for distributing .....

Ring Vs. Arizona

Court: US Supreme Court

..... apprendi s reasoning is irreconcilable with walton s holding in this regard and today we overrule walton in relevant part capital defendants no less than noncapital defendants we conclude are entitled ..... and apprendi are irreconcilable our sixth amendment jurisprudence cannot be home to both accordingly we overrule walton to the extent that it allows a sentencing judge sitting without a jury to .....

Cas Card Finance Ltd., Rathore Vs. Assistant Commissioner of Income

Court: Income Tax Appellate Tribunal ITAT Ahmedabad

Reported in: (2003)78TTJ(Ahd.)55

..... be held that the ratio of the full bench decision stood overruled by the decision of the supreme court he accordingly supported the ..... be held that the ratio of the full bench decision stood overruled by the decision of the supreme court he accordingly supported the ..... it becomes abundantly clear that hon ble supreme court did not overrule the decision of the delhi high court full bench of sophia .....

Eastern Coalfields Ltd. Vs. National Coal Workers Congress Union and o ...

Court: Kolkata

Reported in: [2002(95)FLR1020],(2002)IILLJ1115Cal

..... of air india statutory corporation case supra which has already been overruled by the decision of the constitution bench of the supreme ..... in the case of steel authority of india ltd supra has overruled the decision of the supreme court in air india statutory ..... to the learned counsel of the respondent workmen supreme court has overruled the judgment delivered in air india case supra prospectively and .....

Sanjay Govind Sapkal and ors. Vs. Collector of Dhule and ors.

Court: Mumbai

Reported in: 2003(3)BomCR550; 2004(2)MhLj874

..... various divisionbenches in their proper perspective and those decisions are required to bereconsidered and also overruled 13 having heard the learned counsel for the parties in our opinion the contention raised ..... court in chandrashekhar and prakash kutik does not lay down correct law and we expressly overrule it 34 in life insurance corporation of india v vishwanath verma and ors air1995sc189 a .....

Surat District Co-operative Bank Vs. Income Tax Officer and ors.

Court: Income Tax Appellate Tribunal ITAT Ahmedabad

Reported in: (2003)262ITR1(Ahd.)

..... gujarat high court but this judgment of the gujarat high court was overruled by the hon ble supreme court the hon ble supreme court in ..... case of cit v karnataka state co operative apex court supra has overruled the decision in the case of m p co operative bank ltd ..... a i of the act by various assessing authorities that judgment has been overruled by the larger bench of the hon ble apex court in the .....

K. Anjaneya Setty Vs. K.H. Rangiah Setty

Court: Karnataka

Reported in: AIR2002Kant387; ILR2002KAR3613; 2002(4)KarLJ551

..... insufficiently stamped and not registered and after considering the rival contentions the said objection was overruled and the said document was marked and therefore that finding operates as res judicata in ..... this court in the case of smt parvatamma supra has held that the order impugned overruling the objections raised by the defendant regarding the admissibility of the document cannot be said .....

Kailash Chand Sharma Etc. Etc. Vs. State of Rajasthan and ors.

Court: Supreme Court of India

Reported in: AIR2002SC2877; [2002(95)FLR689]; [2003(1)JCR87(SC)]; JT2002(5)SC591; 2002LabIC2943; 2002(5)SCALE512; (2002)6SCC562; [2002]SUPP1SCR317; 2003(1)SLJ121(SC); (2002)3UPLBEC2281

..... high court contended that there is no warrant to invoke the theory of prospective overruling to validate unconstitutional appointments especially when such appointments were made during the pendency of ..... neutralize the effect of unconstitutional law by having resort to the principle of prospective overruling or analogous principle the argument of the learned counsel though not without force need .....

Union of India (Uoi) and ors. Vs. Parshadi and ors.

Court: Delhi

Reported in: 2003(69)DRJ751

..... him judicial review is not available whether successor minister could overrule the decision which was competently and legally arrived at by ..... referred the matter for discussion in the cabinet for being overruled or indicated reasons consistent with policy of the government by ..... only concerned with the manner in which the decision to overrule the earlier decision has been taken decision making process is .....