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.