Prospective Overruling - Law Dictionary Search Results

Home Dictionary Name: prospective overruling

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....

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 If becomes null and void, like a repealed statute, and a new principle is authoritatively substituted for the old, Jurisprudence 189 (Glanville L. Williams, Editor, 10th Edn., 1947) John, Salmond.Means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 ...

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Prospective Overruling - Law Dictionary Search Results