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: Doctrine of Precedent
In a criminal case, as against the judgment of conviction by the lower court, two appeals were preferred before the High Court. One appeal was posted before a division bench of two judges namely X and Y. Another appeal was posted before another division bench of two judges namely A and B. The first beach confirmed the judgment of conviction, whereas the second bench reversed the judgment of conviction. How to overcome this situation? Answer with reason.
Facts of the Case In a criminal matter, a trial court (lower court) convicted the accused. Aggrieved by the conviction, two separate appeals were filed […]
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 […]
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 […]
Declaratory theory of Precedents
Meaning and Concept of Declaratory Theory of Precedents The Declaratory Theory of Precedents states that judges do not make law; they only declare or expound […]
Doctrine of precedent
Meaning and Concept of Doctrine of Precedent The Doctrine of Precedent, also known as stare decisis, means “to stand by decided cases.” It is a […]