Whether a decision which is neither reversed nor overruled can cease to be precedent?

 Doctrine of precedent is a well-accepted principle. A ruling is generally considered to be binding on lower courts and courts having a smaller Bench structure.

"A precedent influences future decisions. Every decision is pronounced on a specific set of past facts and from the decision on those facts a rule has to be extracted and projected into the future. No one can foresee the precise situation that will arise, so the rule has to be capable of applying to a range of broadly similar situations against a background of changing conditions. It has therefore to be in general terms and 'malleable'... No word has one proper meaning, nor can anyone seek to fix the meaning of words for others, so the interpretation of the rule remains flexible and open-ended. (See Dias Jurisprudence, 5th Edition, page 136)"

356. However, although a decision has neither been reversed nor overruled, it may cease to be 'law' owing to changed conditions and changed law. This is reflected by the principle 'cessante ratione cessat ipsa lex'.

"...It is not easy to detect when such situations occur, for as long as the traditional theory prevails that judges never make law, but only declare it, two situations need to be carefully distinguished. One is where a case is rejected as being no longer law on the ground that it is now thought never to have represented the law; the other is where a case, which is acknowledged to have been the law at the time, has ceased to have that character owing to altered circumstances. (See Dias Jurisprudence, 5th Edition, page 146-147)"

357. It is the latter situation which is often of relevance. With changes that are bound to occur in an evolving society, the judiciary must also keep abreast of these changes in order that the law is considered to be good law. This is extremely pertinent especially in the current era of globalization when the entire philosophy of society, on the economic front, is undergoing vast changes.

IN THE SUPREME COURT OF INDIA

Civil Appeal Nos. 3017 of 1997 and 2696-2697 of 2003

Decided On: 20.11.2003

State of Punjab and Ors. Vs. Devans Modern Brewaries Ltd. 

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Whether citing of overruled caselaw before court amounts to contempt of court?

The judgments of the High Court would bind the trial courts. If
an unnecessary reference to a judicial precedent or erroneous
submission in law is made, the judge considering the matter would
reject the reliance thereon or the submission made. However,
certainly reference to a judicial precedent cannot be termed a
contumacious act.
61. There is even an instance of the court considering the question
as to whether citing overruled precedent would amount to contempt
was considered by a ld. Single Judge of the Punjab & Haryana High
Court in the pronouncement reported at AIR 2001 P&H 49 Balbir
Singh Wasu v. Parbhandak Committee Gurudwara Sahib . It was
held thus:
"25. It was further submitted that the plaintiff's counsel
committed contempt of the trial Court as well as that of the
appellate Court and he committed contempt of this court also
by relying on AIR 1954 Pb. 125 which was overruled in AIR
1984 P&H 439. I do not think any contempt was committed by
the plaintiff if he cited AIR 1954 Pb. 125. After going through
both the judgments, the court could come to know that AIR
1954 Pb. 125 had been over-ruled in AIR 1984 P&H 439.
Even otherwise no contempt is made out if the plaintiff did not
intend duping the court. He had relied upon 1990 Civil Court
Cases 406 in which AIR 1984 P&H 439 had been relied upon.
By going through AIR 1984 P&H 439, the court would have
known that AIR 1954 Pb. 125 had been overruled. No
contempt was thus committed by the plaintiff/counsel."
Therefore, unless the intention was to mislead the court, erroneous
citing of an overruled judgment may not ipso facto and per se be
considered contumacious.
IN THE HIGH COURT OF DELHI AT NEW DELHI

 Date of decision : 9th March, 2017
 CCP(REF)No.3/2016
COURT ON ITS OWN MOTION .
v
DSP JAYANT KASHMIRI & ORS
CORAM:
 MS. JUSTICE GITA MITTAL
 MS. JUSTICE ANU MALHOTRA

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