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Precedentin
INDIAN LAW
by
Gunjan Pathak
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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.
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Stare decisisA principle of
long recognition becomes
‘stare decisis’
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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)
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Ratio decidendiIt refers to
the rule of law established
in a particular case
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Obiter dictumIt refers to the
incidental findings of the Court on various legal
issues arising during the arguments for arriving at the
final judgments
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Article 141of The Constitution of India
Law declared by
Supreme court
to be binding on
all courts.
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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
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sub silentioDecision passed
without objection of the other party
on the issue
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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.