PRECEDENT
Definition and meaning-judicial precedents are an important source of law. The doctrine of judicial precedent is a unique feature of English law as also as of the common law countries like India
Judicial precedent may be defined as a previous instance or case which may be taken as an example or rule for subsequent cases or by which similar act or circumstances may be supported or justified.
According to salmond, the doctrine of precedent has to meanings,namely - in a loose sence, precedent includes merely reported case law which may be cited and followed by the courts.
In its strict sense, precedent means the case law which is not only has a great binding authority but must also be strictly followed.
According to keeton, a judicial precedent is a judicial decision to which authority has in some measure been attached.
According to Gray,a precedent covers everything said or done which furnished a rule for subsequent practice.
Thus, judicial precedent may be defined as judgement of a court of law cited as an authority for the legal principles embodied in it.
Kinds of judicial precedent:- According to salmond, precedent may either be authoritative or persuasive.
Anauthoritative precedent is one which has a binding force and the judge must follow it whether he approves it or not.Authoritative precedent are the decision of superior court of justice which are binding on subordinate courts.
Persuasive precedent,on the other hand is one which the judges are under no obligation to follow but which they may take into consideration.
