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prof s c pratihar (medical practitioner &legal studies)     28 September 2008

precedent when not binding

sir ,


           statuitore rule-over rule -new entactment-inconsistant in law -erroneous decision ect..excluding  these pl mention any exceptional    circumstances when precedent not binding.pls enlight.



Learning

 3 Replies

N.K.Assumi (Advocate)     28 September 2008







Dear Dr,


 


Any court is competent to ignore obnoxious precedent.The doctrine of precedent means if reported it may be cited and followed by the Court. But there is a power in the judges to set right their own mistakes. The judges of one high court may refuse to follow a decision of another high court and the supreme court may overrule a decision of a high court. Both the high court and the supreme court may refuse to follow their own previous decision by construing a larger bench.


 A precedent lose its binding force if:-


 


1.     a statutory rule or statue is inconsistent with its subsequently enacted;


2.     it is reversed or overruled by a higher court;


3.     it is reversed on a different ground;


4.     it is a decision per in curiam;


5.     it was rendered in ignorance of a statue;


6.     a precedent passed sub silentio


 


 Those are some illustrative grounds on which precedent can be ignored by the courts.


SHEKHAR MISHRA (public servant)     28 September 2008

Assumi    has     given   right     answer.

prof s c pratihar (medical practitioner &legal studies)     29 September 2008

exhaustive  informative and classical -thanks


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