Doctrine of Stare Decisis
Like England the doctrine of Stare Decisis has been accepted under the Indian law
The doctrine of Stare Decisis is based on the maxim Stare Decisis et non quieta mauere which means to stand by precedent and not to disturb the settled point of law. In other words, judicial decisions have a binding force and enjoy...
Showing posts with label precedent. Show all posts
Showing posts with label precedent. Show all posts
Obiter dicta meaning
Obiter dicta or obiter dictum
Meaning- Pronouncement of law in the judgement, which are not part of the ratio decidendi are known as obiter dicta and they are not authoritative or binding on the subordinate courts. Obiter dicta means something said by the judge in the course giving judgement, which does not have any binding authority.
According...
Ratio decidendi-meaning
Ratio decidendi
Ratio decidendi:-A judicial decision has a binding force for subsequent cases but the whole judgement is not binding, only a part of the judgement is binding.Only that part of the judgement in an earlier decision which is binding, constitute the ratio decidendi of that case.
'ratio decidendi'means reasoning factor behind the...
