LAW OF PRECEDENTS

LAW OF PRECEDENTS

About the Book

Judicial Precedent means a principle or a rule established in a previous case that is either binding or persuasive for a court/tribunal in deciding subsequent cases with similar issues or facts.

In this sense, judicial precedents are a good source of law. However judicial precedents are voluminous and scattered and ever evolving. The repertoire of precedents keeps getting only bigger and bigger day by day. This poses a serious challenge in identifying already existing judgments which could serve as ‘binding’ or ‘authoritative’ or ‘persuasive’ precedents in a particular case.

This book is an earnest attempt to collate all such judgments wherein the doctrine of ‘Judicial Precedent’ has been applied and the binding nature of judicial precedent has resulted in obtaining similar judgment on the lines of the precedent thereby leaving no room for misuse of judicial discretion and maintaining consistency in the justice delivery process.

This book aims at empowering advocates, legal practitioners as well as common man by providing the armour in terms of valuable judgments which can be cited by them while their cases are being decided.

This book can serve as a reference book for judicial officers who are bound by the doctrine of ‘Stare Decisis’ which obligates courts to follow the judgments in past cases for all subsequent cases with similar facts and issues.