Why few judgmentts are referred many no. of times

In Common law legal systems, a precedent or authority establishes a principle or rule that a Court or other judicial body utilises when deciding subsequent cases with similar issues or facts. hence some judgments are referred by Courts whenever similar case comes before the Court. Under Doctrine of Stare Decisis, a lower Court must honour the findings of law made by higher court that is within the appeals path of cases the court hears. In this scenario, some cases will be referred to many times compared to other judgments as and when court comes across cases with similar facts in issue.

Dear Sushanta,

Any judgement is dependent upon the facts and circumstances of a particular case.  The reason of getting referred the Judgement of Apex Court time and again is hereunder : -

The Apex Court time and again develops preposition of law based on the inter disciplinary approach keeping in view the "NORM OF THE SOCIETY" and with a view to siphon out the procedural or otherwise literal error from various judgements.

More than that it is also considered to be the highest pedestal for constitutional law - keeping in view the issues of Fundamental Rights, Directives Principles of State and Policy the Apex Court has a important role to play in laying down the ration decindi for which purpose its decision gets referred time and again.  Last but not least it has got the power of supritendence to its Subordinate Courts.

Best Regards

Daksh

Nice reply by suchitra and daksh. In addition, judgements are referred time and again also because, such judgements still hold good and have not yet been overruled.

Hello Suchitra / Daksha / Pradeep,

Thanks a lot for quick and valuable responses.

So, can I say that if  judgments ,say A B C D, which is referred by another judgment,,say  K, then

Judgment K is  similar to judgments A, B, C, D ?

Is it always true ?

Thanks in advance.

Sushanta

Judgements A.B,C, and D will be referred to in deciding the case K for various principles. Case K need not be having one principle involved always. In deciding judgment for the case K, Court wuould have referred all the other judgments for various reasons which resemble the situation in those cases. It is not that all have to be based on similar principle. And it is sometimes possible that all are under same principle too.

Dear All,

May be in all the cases i.e. A,B.C,D & K the facts might be different but the preposition of law might be similar on which account the judgement might be similar.

Best Regards

Daksh