Precedent– If the Division Bench of the High Court is of the view that the earlier decision of the Coordinate Bench of the same High Court is not correct in law, the only option available to it is to refer the matter to a larger Bench. (Para 17) – Referred to Official Liquidator vs. Dayanand …
Shabna Abdulla vs Union Of India 2024 INSC 612 – Judicial Discipline – Precedent Read More »
Precedent– Ignoring the law laid down by the Constitution Bench of this Court in Bhagat Ram and taking a view totally contrary to the same itself would amount to a material error, manifest on the face of the order. Ignoring the judgment of the Constitution Bench, in our view, would undermine its soundness. (Para 58) …
Karnail Singh vs State Of Haryana 2024 INSC 424 – Review Powers – Precedent Read More »
Civil Suit – Suit for possession has to describe the property in question with accuracy and all details of measurement and boundaries. When this was completely lacking , a suit for possession with respect to such a property would be liable to be dismissed on the ground of its identifiability. (Para 23) Judicial Discipline – …
The concept of stare decisis is very fascinating. Arguments of equal weightage can be made for both its necessity as well as deviation from it. Let us begin by understanding what it actually means. Stare decisis is a Latin phrase which means “stand by decided cases.” “stare decisis et non quieta movere” – “to stand …
The Supreme Court and many High Courts have a practice of certifying a judgment as ‘Reportable’. Law journals like SCC report both Reportable and Non Reportable judgments of the Supreme Court whereas official reporters like Supreme Court Reports only report those judgments which have been certified as ‘Reportable’. If a judgment is not certified as …
Can ‘Unreported’ or ‘Non Reportable’ Judgments Be Cited ? Read More »