⏰➡️ Doctrine of Prospective overruling


📰 Origin-
🇺🇸 U.S.A. Supreme court in
Chevron Oil Company v. Huson, 1971
🇮🇳 Indian Supreme court-
Golaknath v. State of Punjab, 1967
(how 1971 judgment inspired 1967 judgment that I have not researched ask CJI)

✅ Meaning and Objective

“The doctrine of prospective overruling is applied when a constitutional court overrules a well-established precedent by declaring a new rule but limits its application to future situations. The underlying objective is to avert injustice or hardships.”

🏋️‍♀️ Golaknath Practical approach—
CJI K Subba Rao noted that allowing a retrospective application of the decision would create chaos and upset the country's stability considering that many State agrarian laws were enforced by relying on the overruled precedents.


📝 Essential Rules— (V.IMP)
1. It can only be used for matters related to the Constitution.
💯 2. Only the Supreme Court can apply this doctrine.
3. The court can decide how far back in time the new ruling should apply.



📌 7 Object based on Precedent Analysis

1. Power derived from Article 142.
2. It is applied by this Court while overruling its earlier decision, which was otherwise final. It has also been applied when deciding on an issue for the first time.

3. The object is to validate all the actions taken before the date of declaration in the larger public interest. The doctrine does not validate an invalid law, but the declaration of invalidation takes effect from a future date.

4. Cases that have attained finality are saved because doing otherwise would cause unnecessary and avoidable hardships.

5. It is applied to bring about a smooth transition of the operation of law without unduly affecting the rights of the people who acted upon the overruled law.

6. It is a device innovated to avoid:
(i) reopening settled issues,
(ii) refund of amounts collected under invalid legislation, and
(iii) multiplicity of proceedings.

7. It is applied to avoid social and economic disruptions and give sufficient time to the affected entities and institutions to make appropriate changes and adjustments.

Mineral Area Development Authority v. M/S Steel Authority Of India & ors, 2024

@CurrentLegalGK

💯Law study Material by Major Universities and Government online material.

1. Administrative Law.pdf
2. Alternate Dispute Resolution.pdf
3. Banking Law.pdf
4. Business Management and Ethics.pdf
5. Civil Procedure Code.pdf
6. Company Law.pdf
7. Competition Law.pdf
8. Computer Fundamentals and Office Automation.pdf
9. Computer Network And Network Security.pdf
10. Constitutional Law - I.pdf
11. Constitutional Law - II.pdf
12. Contracts-I.pdf
13. Contracts - II.pdf
14. Cost And Management Study Material.pdf
15. Cyber Law And Forensics.pdf
16. English - I.pdf
17. English - II.pdf
18. Environmental Law.pdf
19. Family Law - I.pdf
20. Family Law - II.pdf
21. Financial Markets And Indian Economic Issue...
22. Financial Markets And Marketing Management.pdf
23. Fundamental of Marketing Management.pdf
24. History - I.pdf
25. Human Resource Management And Organisationa...
26. Human Rights Law.pdf
27. Information Security And Digital Forensics.pdf
28. International Trade Law.pdf
29. Interpretation of Statutes.pdf
30. Jurisprudence.pdf
31. Labour Law - I.pdf
32. Labour Law -II.pdf
33. Law of Crimes - I (Indian Penal Code).pdf
34. Law of Crimes II (Code of Criminal Procedur...
35. Law of Evidence.pdf
36. Law of Insurance.pdf
37. Law of Torts.pdf
38. Legal & Constitutional History.pdf
39. Legal Methods.pdf
40. Maritime Law.pdf
41. Object Oriented Programming Language - Java...
42. Political Science - II.pdf
43. Political Science - III.pdf
44. Political Science.pdf
45. Practical Auditing.pdf
46. Principle of Economics.pdf
47. Principles of Accounting.pdf
48. Private International Law.pdf
49. Professional Ethics.pdf
50. Programming in C And Algorithms.pdf
51. Property Law.pdf
52. Public Finance And IT Law.pdf
53. Public International Law.pdf
54. Regulatory Laws.pdf
55. Sociology.pdf
56. Sociology-I.pdf
57. Strategic Management.pdf

💯Delhi University law material
https://lawfaculty.du.ac.in/Students/LL.B.-Course-Materials

🌴Tamil Nadu University
tndalu.ac.in/econtent.html
https://tndalu.ac.in/econtent.html

🏣 E-Pg pathshala law notes
https://epgp.inflibnet.ac.in/Home/ViewSubject?catid=ZzUApmBk4i7kYctp+aiP1w==

🍛Lucknow University
https://www.lkouniv.ac.in/en/article/e-content-faculty-of-law

🗻Kashmir University
https://law.uok.edu.in/Main/ViewPage.aspx?Page=a1e6d686-70dd-444d-8258-dca02e6b0bdf

🤩KLE Law College
https://www.klelawcollege.org/study-materials/

🎯Renaissance Notes
Just search the subject Name

🎓Patna law college
https://www.patnalawcollege.ac.in/page_no.php?value=64

👨‍⚖️ Notes by judges
https://t.me/CurrentLegalGK/917

⚠️SEARCH JUDICIAL ACADEMY NOTES (visit each state study material)

📲 Search 🔎 E courts after topic

💰🤑 Rahul's Ambition bare act , A K. Jain or singhal's dukki or Krishna murari sir criminal law

🌅 IGNOU Notes
🔎 https://t.me/CurrentLegalGK/2378

Detailed notes- https://indianlawlive.net/2023/09/27/appreciation-of-evidence-by-court/

Refer them for static coverage

@CurrentLegalGK

Community service punishment ka default hone pr koi provision h kya BNS or BNSS me?

💯 Default of Community service

[Section 8 of B.N.S.]

🎋 Read the Gist-
https://t.me/CurrentLegalGK/3409

@CurrentLegalGK

Kolkata Junior Doctor rape-murder: Why is CBI psychologically assessing the accused 🔗
#kolkata

🧠 #Question

What is the Legal relevancy of this assessment?

Criminology of macabre killings

@CurrentLegalGK

#Question

Can CWC in any case possible entertain Child in conflict with law.

@CurrentLegalGK

🇮🇳 India's International Relations

#Jocks

P.S. I don't use instagram just shared what I received 😉

Turkiye 😂 & china

https://www.instagram.com/thesantanhindunews/reel/C-5LoUKP1Vb/

How the law can be kinder to street vendors – The Leaflet
@CurrentLegalGK
https://theleaflet.in/how-the-law-can-be-kinder-to-street-vendors/

#Discernible_Topics

Is Sanction Under PC Act Necessary For Court To Direct Investigation Under S.156(3) CrPC? Supreme Court To Consider
https://www.livelaw.in/top-stories/is-sanction-under-pc-prevention-of-corruption-act-fir-under-s1563-crpc-supreme-court-to-consider-267553

👮‍♀️👨‍⚖️ What you think the answer should be?

@CurrentLegalGK

📝 Article wise Brief of this judgment will be shared because of major Issues

✅ https://www.livelaw.in/supreme-court/scheduled-castes-not-a-homogeneous-class-sub-classification-one-of-the-means-to-achieve-substantive-equality-supreme-court-265375

✅ https://www.livelaw.in/top-stories/state-must-show-data-on-inadequate-representation-of-castes-to-sub-classify-supreme-court-265370

✅ https://www.livelaw.in/supreme-court/reservation-policy-relook-scstobc-justice-pankaj-mithal-supreme-court-265360

✅ https://www.livelaw.in/top-stories/exploring-dr-ambedkars-influence-on-justice-gavais-judgment-in-caste-sub-classification-case-265522

✅ https://www.livelaw.in/top-stories/sub-classification-of-castes-would-amount-to-states-tinkering-with-presidential-list-justice-bela-trivedis-dissent-265571

✅ https://www.livelaw.in/top-stories/article-341-intends-to-only-give-constitutional-identity-to-scheduled-castes-not-to-hold-them-as-homogenous-class-supreme-court-265602

✅ https://www.livelaw.in/top-stories/our-progress-in-social-economic-justice-only-because-of-constitution-drambedkars-vision-justice-br-gavai-265617

✅ https://www.livelaw.in/articles/sub-classification-scheduled-castes-reservation-creamy-layer-debate-comment-state-punjab-davinder-singh-7-judge-bench-judgment-266418

✅ Along with —
Myths and Realities of Article 14

After reading briefs Your concept of reservation will enhance a lot

coming soon

https://t.me/CurrentLegalGK/4692

@CurrentLegalGK

The Doctrine Of Judicial Comity In India: Challenges And The Need For A Consistent Approach
https://www.livelaw.in/articles/the-doctrine-of-judicial-comity-in-india-challenges-and-the-need-for-a-consistent-approach-267286

Delhi race club vs state of UP. 2024
2 imp points
1. Distinction bw Criminal breach of trust and Cheating..both are antithesis to each other.
2. Duty of Magistrate to apply his mind before issuing summons in private Complaint.

why imp- Court ordered to forward copy of judgment to home ministry and other departments (including police) to understand this minute difference 👍

The two offences cannot coexist simultaneously in the same set of facts.


🔄 Difference between CBT and cheating

"There is a distinction between criminal breach of trust and cheating. For cheating, criminal intention is necessary at the time of making a false or misleading representation i.e., since inception. In criminal breach of trust, mere proof of entrustment is sufficient. Thus, in case of criminal breach of trust, the offender is lawfully entrusted with the property, and he dishonestly misappropriated the same. Whereas, in case of cheating, the offender fraudulently or dishonestly induces a person by deceiving him to deliver any property. In such a situation, both the offences cannot co-exist simultaneously."

Mention the BNS provisions relating to these 2 offences?

use- Conclusion of question

#BNS@CurrentLegalGK

Need to balance the requirement of furnishing multiple sureties with an individual's fundamental rights under Article 21: SC
https://www.scconline.com/blog/post/2024/08/24/need-to-balance-fundamental-right-furnishing-multiple-surety-supreme-court-legal-news/

🌄 #Quote@CurrentLegalGK

Witnesses are the 👁️👂
“eyes and ears of justice”

~ Bentham

Use- Protection of witness, Justice system essay and conclusion of answers.

☺️ Haryana Mains Aspirants If cleared then congratulations 👏🎉 and if not then again congratulations if you have given your best.

Remember the study will be worth soon.

@CurrentLegalGKBOT

'CAG Report Can't Be Accepted As Decisive' : Supreme Court Quashes Corruption Charges Against Karnataka EMTA Coal Mines Ltd
https://www.livelaw.in/supreme-court/cag-report-cant-be-accepted-as-decisive-supreme-court-quashes-corruption-charges-against-karnataka-emta-coal-mines-ltd-267609

💰🧑‍💼 CAG report is not without scrutiny

The Court referred to Arun Kumar Aggarwal v. UOI (2013), which further specifies the duty of the CAG as: “The reports of the CAG are required to be submitted to the President, who shall cause them to be laid before each House of Parliament, as provided under Article 151(1). In relation to the States, reports are submitted to the Governor, who shall cause them to be laid before the legislature of the State, as per Article 151(2) of the Constitution. When reports are received in Parliament, they are scrutinised by the Public Accounts Committee (PAC).”

@CurrentLegalGK