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Precedents
1
Legal Principle - What is Not a Precedent - A decision which is not express and is not founded on reasons nor it proceeds on consideration of issue cannot be deemed to be a law declared:
2
Legal Principle - What is Not a Precedent - It is not everything said by a Judge while giving judgment that constitutes a precedent:
3
Legal Principle - Doctrine of Per Incurium - Sub Silento – Court acted in ignorance of binding decision – acted in ignorance of a relevant constitutional provision or other statutory provisions:
4
Legal Principle - Importance of Precedents - Practice of following precedents enables citizens to plan their conduct in the expectation that past decisions will be honoured in the future:
5
Legal Principle - Declaration of Law by Hon’ble Apex Court under Article 141 - Requirements to Constitute Declaration:
6
Legal Principle - Judgments are not to be read as a statute - ratio decidendi of Judgement is its reasoning - is distinct from the relief finally granted or the manner adopted for its disposal:
7
Legal Principle - Pleas to Review - Reconsider the Law settled by Apex Court:
8
Legal Principle - Consequences of ignoring Precedents - May Amount to Contempt of the Court:
9
Legal Principle - Consequences of ignoring Precedents by Courts - may be regarded as error apparent on the face of the record - Writ Jurisdiction can be exercised:
10
Legal Principle - Consequences of ignoring Precedents by Any Authority Acting Judicially - Amounts to contravention of the fundamental policy of Indian law:
11
Legal Principle - There cannot be blind reliance on Judgments - The declaration of law contained in a judgment and its applicability to a set of facts are two different things:
12
Legal Principle - Operation of Precedents - Retrospective - Prospective in Exceptional cases:
13
Legal Principle - Judicial Discipline and Proprietary in adherence to Precedents by All Courts - Including Hon’ble Apex Court:
14
Legal Principle - Reasoned Order Refusing Special Leave - Would be a Declaration of Law within meaning of Article 141:
15
Legal Principle - The ratio of a decision of this Court on a legal issue is a precedent – Observations on Socio economic issues / legislations must be periodically revisited:
16
Larger Bench Judgment would prevail, irrespective of the number of Judges constituting the majority.
17
A judgment is a precedent for the issue of law that is raised and decided.
18
It is not open to a High Court to distinguish a judgment of the Apex Court especially when the latter is clear and categorical.
Precedents
1
Legal Principle - What is Not a Precedent - A decision which is not express and is not founded on reasons nor it proceeds on consideration of issue cannot be deemed to be a law declared:
2
Legal Principle - What is Not a Precedent - It is not everything said by a Judge while giving judgment that constitutes a precedent:
3
Legal Principle - Doctrine of Per Incurium - Sub Silento – Court acted in ignorance of binding decision – acted in ignorance of a relevant constitutional provision or other statutory provisions:
4
Legal Principle - Importance of Precedents - Practice of following precedents enables citizens to plan their conduct in the expectation that past decisions will be honoured in the future:
5
Legal Principle - Declaration of Law by Hon’ble Apex Court under Article 141 - Requirements to Constitute Declaration:
6
Legal Principle - Judgments are not to be read as a statute - ratio decidendi of Judgement is its reasoning - is distinct from the relief finally granted or the manner adopted for its disposal:
7
Legal Principle - Pleas to Review - Reconsider the Law settled by Apex Court:
8
Legal Principle - Consequences of ignoring Precedents - May Amount to Contempt of the Court:
9
Legal Principle - Consequences of ignoring Precedents by Courts - may be regarded as error apparent on the face of the record - Writ Jurisdiction can be exercised:
10
Legal Principle - Consequences of ignoring Precedents by Any Authority Acting Judicially - Amounts to contravention of the fundamental policy of Indian law:
11
Legal Principle - There cannot be blind reliance on Judgments - The declaration of law contained in a judgment and its applicability to a set of facts are two different things:
12
Legal Principle - Operation of Precedents - Retrospective - Prospective in Exceptional cases:
13
Legal Principle - Judicial Discipline and Proprietary in adherence to Precedents by All Courts - Including Hon’ble Apex Court:
14
Legal Principle - Reasoned Order Refusing Special Leave - Would be a Declaration of Law within meaning of Article 141:
15
Legal Principle - The ratio of a decision of this Court on a legal issue is a precedent – Observations on Socio economic issues / legislations must be periodically revisited:
16
Larger Bench Judgment would prevail, irrespective of the number of Judges constituting the majority.
17
A judgment is a precedent for the issue of law that is raised and decided.
18
It is not open to a High Court to distinguish a judgment of the Apex Court especially when the latter is clear and categorical.
Precedents
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