1. By:
Name :- Vairagar Shreeansh Madhavrao
Class :- llb.2yr
Roll no :- 198
College name :- Shri Shivaji Law college,Parbhani
2. Introduction
Meaning
History
Need of Article 141
Objective of Article 141
Article 141 of constitution of India
3. The law declared by the Supreme Court shall be binding on all courts within the territory of
India
Precedent signifies a judgement or decision of a superior court of law cited as an authority for
deciding a similar set of facts. A precedent which creates and applies a new rule is called an
original precedent and when the precedent does not create a new rule that merely apply on
existing rule of law then it is termed as Declaratory precedent. In India the Supreme Court is
the highest court in hierarchy and decisions of the Supreme Court are binding on all courts of
India.
4. Article 141 of the Constitution of India stipulates that the law
declared by the Supreme Court shall be binding on all Courts within the territory of India. Thus,
the general principles laid down, by the Supreme Court are binding on each individual including
those who are not a party to an order.
5. To record and analyses other case structure.
To provide fast and accurate suggestion.
To control on other courts
6. To be binding decision given by supreme court
To Make uniformality in decision making process
7. Article 141 of the Constitution of India stipulates
that the law declared by the Supreme Court shall be binding on all Courts within the territory of
India. Thus, the general principles laid down, by the Supreme Court are binding on each
individual including those who are not a party to an order.
8. 1. Obiter-Dictum
2. Ratio Decidendi
3. Stare decisis
4. Per incuriam
5. Prospective Overruling
6. Legislative Provisions
9. 1.Obiter-Dictum
- The phrase Obiter dictum' has been derived from Latin words obiter'
- Obiter means in passing' and Dictum denotes something that is said’.
2.Ratio Decidendi
-Ratio Decidendi' is a Latin phrase meaning "the reason" or "the rationale for
the decision".
- Ratio-Decidendi' is the determining point which becomes the base for a
judgement
3. Stare decisis
- Stare Decisis is a Latin term which signifies To stand by decided cases or to
uphold precedents or to maintain former adjudication
4. Per incuriam:
-Per incuriam is a Latin terms which means "through lack of care".
-A court decision made per incuriam is one which ignores a contradictory
statute or binding authority, and is therefore wrongly decided and of no
10. 5.Prospective Overruling:
-To avoid superfluous litigations in larger public interest, the Apex Court
which are already settled and entertaining the same would increase
proceedings
6. Legislative Provisions:
- The parliament is the supreme legislative authority, thus, it can destroy
established by the Supreme Court, by passing a statutory law. Legislation can
impliedly or expressly.
11. Union of India v. Raghubir Singh (AIR 1989 SC 1933)
Lalu Jela and Ors. v State Of Gujarat (AIR 1962 Guj 250)
Sajjan Singh Vs. State of Rajasthan [AIR 1965, SC 845],
