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Suresh Parab   01 June 2017

Precedent case

What is Precedent in Law? Is this applicable in our case? I explain our case.

We are a society with two wings and filed a case against TMC for property tax bills. Our lawyer filed separate case for each wing and both cases were before same judge. We won these both cases means our appeals were held. Subsequently TMC filed an appeal against this judgement. But this time it went before two separate judges. In one case TMC's appeal was dismissed by one judge in Sept.'16 and in other case other judge partially held this appeal by sending it to the previous court in 2017. Main argument or base of both these cases is date of occupation of flats by the members which is same for both wings. So is Precedent applicable here? Means in one case TMC's appeal was dismissed in Sept. 2016.



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