Overrule

overrule 1 : to rule against [the objection was overruled] compare sustain 2 a : to rule against upon review by virtue of a higher authority : set aside reverse [the appeals court overruled the trial court's decision] b : to set aside as a precedent or guide [did not intend to overrule prior jurisprudence in that area] [refused to overrule the landmark case] compare follow ...

Overruling

Overruling, is an act of superior jurisdiction. A precedent overruled is definitely and formally deprived of all authority. If becomes null and void, like a repealed statute, and a new principle is authoritatively substituted for the old, Jurisprudence 189 (Glanville L. Williams, Editor, 10th Edn., 1947) John, Salmond.Means if a decision is not a recent one, and especially if it seems to be very poor, it should not be relied upon without ascertaining whether it may not have been expressly or impliedly overruled by some subsequent one; that is, whether the court may not have laid down a contrary principle in a later case. Where and How to Find the Law, Frank Hall Childs, 94 (1922).Overruling assumes that a contrary decision is given on the same facts or law. Where the law, has been changed and is no longer the same, there is no question of the Legislature overruling this Court, National Agricultural Co-operative Marketing Federa-tion v. Union of India, AIR 2003 SC 1329 (1334): (2003) 5 ...

Overruling

Exerting controlling power as an overruling Providence...

Overrule

Overrule, to set aside the authority of a former decision....

Prospective overruling

Prospective overruling, implies an earlier judicial decision on the same issue which was otherwise final, Somaiya Organics (India) Ltd v. State of Uttar Pradesh, (2001) 5 SCC 519....

attack

attack : an attempt to prove something invalid or incorrect esp. through judicial procedures [made an on the will as not properly witnessed] ;specif : an attempt to have the judgment of a court corrected or overruled collateral attack : an attack on a judgment made during or by a proceeding brought for a different purpose see also habeas corpus ad subjiciendum at habeas corpus direct attack : an attack on a judgment made in a proceeding (as an appeal) brought for the specific purpose of having the judgment corrected or overturned attack vb ...

citator

citator : a published list of cases, statutes, and other sources of law showing their subsequent history (as of being cited in other cases) and status (as in having been overruled by another case) see also shepardize ...

follow

follow : to be in accordance with (a prior decision) : accept as authoritative see also precedent compare overrule ...

overturn

overturn : overrule ...

precedent

precedent [Middle French, from Latin praecedent- praecedens, present participle of praecedere to go ahead of, come before] : prior in time, order, arrangement, or significance see also condition precedent at condition compare subsequent [pre-səd-nt] n : a judicial decision that should be followed by a judge when deciding a later similar case see also stare decisis compare dictum NOTE: To serve as precedent for a pending case, a prior decision must have a similar question of law and factual situation. If the precedent is from the same or a superior jurisdiction (as the state's supreme court), it is binding upon the court and must be followed; if the precedent is from another jurisdiction (as another state's supreme court), it is considered only persuasive. Precedents may be overruled esp. by the same court that originally rendered the decision. ...

Overrule - Law Dictionary Search Results