Precedent in INDIAN LAW by Gunjan Pathak

Precedent A principle of Jurisprudence or policy of Courts by which the Courts and Authorities are required to follow a rule of law established previously in cases involving similar issue.

Stare decisis A principle of long recognition becomes ‘stare decisis’

Three postulates of a decision Finding of Material facts, direct and inferential Statements of the principles of the law applicable to the legal problems disclosed by the facts (Obiter) Judgments based on the combined effect of the above(Ratio)

Ratio decidendi It refers to the rule of law established in a particular case

Obiter dictum It refers to the incidental findings of the Court on various legal issues arising during the arguments for arriving at the final judgments

Article 141 of The Constitution of India Law declared by Supreme court to be binding on all courts.

per incuriam A decision is rendered per incuriam where the court has acted in ignorance of the earlier decision of the provision of the statue which is controlling

sub silentio Decision passed without objection of the other party on the issue

Cases decided on ‘concession’ In case any judgment has been passed by consent of the parties on the issue it is called judgment by concession which is not a precedent.