Prospective Overruling - Judgment Search Results

National Westminster Bank Plc (Respondents) Vs. Spectrum Plus Limited ...

Court: House of Lords

..... in principle 28 the essence of the principled argument against prospective overruling is that in this country prospective overruling is outside the constitutional limits of the judicial function it ..... be characterised as merely a less extensive form of overruling than overruling with both retrospective and prospective effect prospective overruling robs a ruling of its essential authenticity as a .....

Employees' State Insurance Corporation Vs. the Birla Jute and Industri ...

Court: Kolkata

Reported in: (2008)3CALLT252(HC),[2008(119)FLR444],(2009)ILLJ785Cal

..... by the learned trial judge that the present case is governed by the principle of prospective overruling and thereby came to the decision that the claim of the esi corporation demanding ..... doctrines familiar to american jurisprudence one is described as blackstonian theory and the other as prospective overruling which may have some relevance to the present enquiry blackstone in his commentaries 69 .....

Mineral Area Development Authority Etc. Vs. M/s Steel Authority Of Ind ...

Court: Supreme Court of India

..... 2004 10 scc201page 8 of 22 part c c prospective overruling 5 the doctrine of prospective overruling is applied when a constitutional court overrules a well established precedent by declaring a new rule ..... substantial inequitable results injustice or hardships 7 this court has adopted the doctrine of prospective overruling partly inspired by the jurisprudence developed in the us in golak nath v state .....

Harper Vs. Virginia Dept. of Taxation

Court: US Supreme Court

..... two perspectives 1982 s ct rev 1 schaefer the control of sunbursts techniques of prospective overruling 42 n y u l rev 631 1967 mishkin forward the high court the great ..... in general and more specifically as a means of making it easier to overrule prior precedent b levy realist jurisprudence and prospective overruling ants post at 121 but while it is true that .....

Linkletter Vs. Walker

Court: US Supreme Court

..... evidence in state courts 16 rutgers l rev 587 1962 note prospective overruling and retroactive application in the federal courts 71 yale l j ..... 907 1962 contra currier time and change in judge made law prospective overruling 51 va l rev 201 1965 meador habeas corpus and the ..... is prevented by article iii from adopting the technique of purely prospective overruling note 71 yale l j 907 933 1962 but see 1a .....

American Trucking Ass'ns Vs. Smith

Court: US Supreme Court

..... have long informed the court s retroactivity decisions the court has used the technique of prospective overruling accompanied by a stay of judgment to avoid disabling congress bankruptcy scheme see e g ..... court should apply the new law see generally schaefer the control of sunbursts techniques of prospective overruling 42 n y u l rev 631 1967 describing this technique the court expressly relied .....

James M. Beam Distilling Co. Vs. Georgia

Court: US Supreme Court

..... supra at 496 u s 197 opinion of o connor j prospective overruling allows courts to respect the principle of stare decisis even ..... see generally currier time and change in judge made law prospective overruling 51 va l rev 201 215 1965 of course retroactivity ..... make a decision fully retroactive second there is the purely prospective method of overruling where the particular case is decided under the old .....

G. Rajababu Vs. Government of A.P., Rep. by Its Principal Secretary, L ...

Court: Andhra Pradesh

Reported in: 2007(4)ALD105; 2007(3)ALT516

..... p 2001 5 scc 519 wherein the supreme court observed although the doctrine of prospective overruling was drawn from american jurisprudence it has had of necessity to develop indigenous characteristics ..... to 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 not .....

Kesavananda Bharati Sripadagalvaru and ors.Vs. State of Kerala and anr ...

Court: Supreme Court of India

Reported in: AIR1973SC1461; (1973)4SCC225; [1973]SuppSCR1

..... states between the years 1951 to 1967 this court by relying on the doctrines of prospective overruling and the doctrine of acquiescence did not invalidate those laws 675 one other circumstance of ..... that parliament could not by amendment under article 368 affect fundamental rights the doctrine of prospective overruling or acquiescence was resorted to but since the crucial question of the extent of the .....

K.Madhava Reddy and ors. Vs. Govt.of A.P.and ors.

Court: Supreme Court of India

..... kesavananda bharati sripadagalvaru amp ors v state of kerala 1973 4 scc225yet the doctrine of prospective overruling was upheld and followed in several later decisions this court further held that the ..... law this court is therefore not impotent to adjust the competing rights of parties by prospective overruling of the previous decision in rangachari ratio the decision in mandal case postponing the .....