precedent in indian law by gunjan pathak. precedent a principle of jurisprudence or policy of courts...

Precedentin

INDIAN LAW

by

Gunjan Pathak

PrecedentA principle of Jurisprudence or policy of Courts

by which

the Courts and Authorities

are required to follow

a rule of law

established previously in cases involving similar issue.

Stare decisisA principle of

long recognition becomes

‘stare decisis’

Three postulates of a decision

• Finding of Material facts, direct and inferential

• Statements of the principles of the law applicable to the legal problems disclosed by the facts (Obiter)

• Judgments based on the combined effect of the above(Ratio)

Ratio decidendiIt refers to

the rule of law established

in a particular case

Obiter dictumIt refers to the

incidental findings of the Court on various legal

issues arising during the arguments for arriving at the

final judgments

Article 141of The Constitution of India

Law declared by

Supreme court

to be binding on

all courts.

per incuriamA decision is rendered

per incuriam

where the court has acted in

ignorance of the earlier decision

of the provision

of the statue which is controlling

sub silentioDecision passed

without objection of the other party

on the issue

Cases decided on ‘concession’

In case any judgment

has been passed by

consent of the parties on the issue

it is called judgment by concession which is not a precedent.