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