Facts of the Case A High Court delivered a judgment deciding a particular question of law. Subsequently, an appeal was filed before the Supreme Court. […]
Tag: Article 141 Constitution
Suppose a case is decided by the High Court on ground ‘A’, and then goes on appeal to the Supreme Court which decides it on ground ‘B’, nothing being said upon ground ‘A’. In such circumstances, which is the precedent value of the decision on ground ‘A’ by the High Court?
Facts of the Case A legal dispute was decided by a High Court, which based its judgment on a particular reasoning referred to as Ground […]
A High Court decides a case, ignoring an earlier decision of the Supreme Court, stating that the decision of the Supreme Court was obiter dicta without a binding force. As a result there is an inconsistency between decisions of High Court and the Supreme Court. Is the decision of the Supreme Court assuming that it was obiter dicta
Facts of the Case A High Court decided a legal dispute by ignoring an earlier decision of the Supreme Court of India. The High Court […]
What are the relative merits and demerits of legislation and precedent as sources of law?
Conceptual Background: Sources of Law in Jurisprudence In jurisprudence, sources of law refer to the origins from which legal rules derive their authority and content. […]
Doctrine of Stare Decisis.
Meaning and Concept of the Doctrine of Stare Decisis The Doctrine of Stare Decisis is a fundamental principle of judicial decision-making which means “to stand […]
Precedent
Meaning and Concept of Precedent A precedent refers to a judicial decision that serves as an authoritative rule or example for deciding future cases involving […]
Binding nature of precedent
Meaning of the Binding Nature of Precedent The binding nature of precedent refers to the legal principle that decisions of higher courts are mandatory and […]
Authoritative precedents and persuasive precedents.
Meaning of Judicial Precedent A judicial precedent refers to a legal principle or rule established in a court decision that serves as an authority for […]
Legal sources.
Concept and Meaning of Legal Sources Legal sources explain the origin and authority of law within a legal system. They identify where legal rules come […]
Stare decisis.
Meaning and Concept of Stare Decisis Stare decisis is a fundamental doctrine of the common law system which means “to stand by decided cases.” The […]