This document discusses the concept of judicial precedent in Bangladeshi law. It begins by defining judicial precedent as judges following principles from similar past cases. It then outlines key elements like ratio decidendi and obiter dicta. Ratio decidendi refers to the legally binding reasoning behind a past decision, while obiter dicta is non-binding commentary. The document also examines precedent in different courts, exceptions like distinguishing cases, and how precedent relates to Article 111 of the Bangladeshi constitution regarding binding Supreme Court opinions.

1. Judicial Precedent
Group members Name:
1.Md. Jahid Hasan Shubho(2016-2-66-031)
2.Ajrin Hossian Vabna(2016-2-66-014)
3.MD.Yasin Mia( 2016-2-66-041)
4.Rafiul Hasan Sunny(2016-2-66-016)
5.Mohayminur Rahman(2016-2-66-016)
6.Rashedul Islam(2016-2-66-019)

2. Introduction:
It is originated from the Latin phrase “Stare
Decisis’’
Means“to stand by that which is decided’’
Definition: The process whereby the judges follow previously
decided cases where the facts have sufficient similarity .
Importance: As our country’s legal system is based on common law
so it has a great importance not only that but also this term is also
mentioned in our constitution under article 111
Purpose of this term: it is mainly used where judges follow
previously decided case.

3. Elements of Judicial Precedent
A judicial precedent has following parts:
1.Short facts
2. Arguments of both sides
3.Reasoning of the judgment
4.The actual decision between the parties

4. Ratio Decidendi and Obiter Dicta
Ratio Decidendi:
Meaning: The reason for the decision
The objective: The point in a case that determines
the judgment
Status: it has binding force
Depends : Hierarchy of courts

5. For example:
Knuller vs. Dpp
 Facts: Knuller published magazines containing advertisements which
encouraged the meeting of males for homosexual practices
 Issue: Could Knuller be convicted of the offence of ‘conspiracy to corrupt
public morals’?
Judgment: Yes, conviction upheld
Reasoning: The offence of ‘conspiracy to corrupt public morals’ was created by
the House of Lords in 1962, and that decision was correct, so must be followed.
so in this case,
The Objective: The point of this case is “Conspiracy to corrupt public morals’’
Based on this point the judgment was made

6. Obiter Dicta
 Meaning: It is an opinion by a judge which does not form a
necessary part of the court’s decision
 Kinds of it : First , a statement of law either were not exist or
immaterial to the relevant case.
Secondly, although it is found in the facts but does not form the
basis of the decision.
The objective: introduced by way of illustration, or analogy or
argument
Status : it does not have binding force.

7. For example
R Vs. Gotts
The D, aged 16, seriously injured his mother with a knife. He tried to
argue in his defence that he was acting under duress because his father
had threatened to shoot him unless he killed his mother, but the defence
was rejected by the Court of Appeal, who followed the obiter statement
made by the Lords in R v Howe (1987) that duress should not be available
to someone who had been charged with attempted murder

8. More than one reasons
If a judge gives more reasons for his decisions they
all are ratio

9. Single Judgment and Multiple
Judgment approach
It becomes tough to decide which one is ratio or obiter when polarity of judgment
exists .
In an appeal case if an judge says “ I agree” that means he agrees with decisions
not with all the reasoning behind the judgments

10. Reserved Judgments
It means after hearing the trail or the
argument of a motion a judge might
not immediately deliver the decision
but instead take time to review
evidence and law and deliver a
decision at later time in written form

11. Hierarchy of Courts
It means that a court hierarchy is a
way structuring courts into different
levels, jurisdictions and areas of
It is an essential component of our
legal system.

12. Judicial Precedent in Individual Courts in Bangladesh
Appellate Division :
All lower courts and tribunals are absolutely bound by the
decisions of the Appellate division.
Appellate division is not bound by its own decisions.
High Court Division :
The high court division is bound by the decisions of the
Appellate division.
All lower courts in the country are bound by the decisions of
High Court Division.
Normally but not necessarily bound by its own decisions.

13. Judicial Precedent in Individual Courts
in Bangladesh
District and Additional District Judges :
Absolutely bound by the decisions of the HCD and AD.
Not reported and are not binding.
Sessions Judges :
Same as District and Additional District Judges.
Judicial Magistrates’ Court and Assistant judges Courts :
Same as above.
Administrative Appellate Tribunal :
Absolutely bound by the decisions of the HCD and AD.
Not reported and are not binding.

14. Exceptions to Precedent
Distinguishing
There will be always differences between two different cases facts so if a judge
thinks that there are sufficient elements which are no similar to the previous case
facts then he can distinguish it from previous case
Reversing
Where a higher court over turns the decision of the lower court.
Parties are to be affected who are bound by the decision of the higher court
Overruling
It means to set aside or over turn a decision.
It becomes null and void
Overruled earlier case is no more binding for the future court

15. Difference between overruling and reversing
Reversing affects the actual
decisions
Overruling affects the rule of law.
Reversing affects the party
Overruling does not affect the party

16.  Retrospective overruling
• English courts have always followed the practice of overruling.
• It means that overruled case is regarded as never having been law not
be applied either in later case or in the instant case. it means that
overruled case is regarded as never having been law not be applied
either in later case or in the instant case.
 Per incuriam:
• It literally translated as "through lack of care"
• It refers to a judgment of a court which has been decided without
reference to a statutory provision or earlier judgment which would
have been relevant.

17.  Sub Silentio:
 It is legal Latin meaning "under" or "in silence"
 It is often used as a reference to something that is implied but not
expressly stated. Commonly, the term is used when a court
overrules the holding of a case without specifically stating that it
is doing

18. The last part
Precedent and Article 111 of the constitution
The law declared
Opinion of the Supreme court under Article 106
Obiter Dicta of the supreme court
Doctrine of Precedent Positions of the Supreme Court of
Bangladesh and India