Prospective Overruling.
pratik
(Querist) 05 March 2011
This query is : Resolved
1) What do u mean by doctrine of prospective overruling ? With the help of a suitable example pls Jurist.
2) I have heard that if any case whether criminal , civil, Tax matters, Divorce, Money case, Writ, SLP & any petition. If there are dismissed by the court than there are not treated as a binding precedent & can't further can't be used as a binding precedent. Or we can say that we can't say that we are fightining the case after referring that particular case laws which are dismissed by any court or tribunal in india.
Eg: Case of A in civil case regarding any matter or fact or substaniall question of law was dismissed by BHC (Bombay High Court). After Few years a advocate referred that case law & on that base he was defending the case which he was having. so the court said that he can't referred that case law or that case law in not binding precedent becasue it was dismissed by the court.
If the Word "Dismissed" arises in the judgement at last than we can't take that case law as a binding precedent.
pls clarify that which case are to be treated as binding precedent & which are not in any case whther tax matters, civil , criminal, SLP, writ petition, divorce, motor vehicle case any .
If possible with the example & case law(S) if any.
pls do help me.
Thanks In Advance.
God Bless U All.
