LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

  • Stare decisis is not a dogmatic rule allergic to logic and reason – it does not prohibit a fresh look in changed facts and circumstances - AIR 2006 SUPREME COURT 212 "State of Gujarat v. Mirzapur Moti Kureshi Kassab Jamat"
  • -Binding force attaches only to ratio decidendi of a judgment - every observation found in a judgment is not binding. AIR 2006 SC25
  • -Decision in election petition - Cannot be treated as judicial precedent. AIR 2006 SC 543
  • -Foreign case Law -  When Law in India is clear and settled, no occasion arises to rely upon foreign case Law laying down a wider proposition. AIR 2006 SC1148
  •   A decision is available as a precedent only if it decides a question of law. AIR 2004 SC 2890 "Mehboob Dawood Shaikh v. State of Maharashtra"
  • when court based its decision on basis of concession, the decision not a binding precedent AIR 2001 SUPREME COURT 1273 "Kulwant Kaur v. Gurdial Singh Mann"  

"Loved reading this piece by Swami Sadashiva Brahmendra Sar?
Join LAWyersClubIndia's network for daily News Updates, Judgment Summaries, Articles, Forum Threads, Online Law Courses, and MUCH MORE!!"

Tags :

Category Constitutional Law, Other Articles by - Swami Sadashiva Brahmendra Sar