Cases of first impression, what is it?

N.K.Assumi (Querist) 15 September 2008 This query is : Resolved
What does it mean by cases of first impression? does it mean precedent?

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Murali Krishna (Expert) 16 September 2008
Hmmmmm. May not be. Doctrine of precedent is different. It is following the ratio of a judgement of a higher forum like High Court or Supreme Court. It is also comes under judicial discipline. Article 141 also states that judgement of Supreme Court is binding on all courts in India.

It may be prima facie case. Normally courts look at prima facie case when they are deciding applications for interim stay etc.

ARVIND JAIN (Expert) 20 September 2008
YOU ARE RIGHT MURLIJI.

SANJAY DIXIT (Expert) 21 September 2008
Cases of First Impression:--

A case in which a question of interpretation of law is presented which has never arisen before in any reported case. Sometimes, it is only of first impression in the particular state or jurisdiction, so decisions from other states or the federal courts may be examined as a guideline.

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