LAW OF PRECEDENT A CONTEMPORARY ANALYSIS-AN INDIAN PERSPECTIVE AS WELL AS OTHER COUNTRIES.

2.  Concept of Precedent
 Ratio Decidendi
 Obiter dicta
 Related Case laws

3.  In the general use, the term ‘Precedent’ means some set
pattern guiding the future conduct. In the judicial field,
it means the guidance or authority of past decisions for
future cases. Only such decisions which lay down some
new principles are called judicial precedents.
 It is the attribution of the authority that makes a
judicial decision a judicial precedent. The application
of the judicial precedent is governed by the different
principles in different legal systems. These principles
are called the “Doctrine of Precedent”.

4.  Sources of law
 Formal Material
Legal Historical
Legislation Precedent Custom Agreement Professional opinion

5.  The precedent is one of the important source
of law
 In legal parlance Precedent means ‘Case Law’
 or ‘ Judge made law’ as enunciated in
judgments
 The precedent is merely constitutive in nature
and never abrogative.

6.  The very literal meaning of the precedent is
;something that has happened before.
 Precedent is the legal principle or rule that is
created by a court to guide the judges when a
similar set of facts come.
 Judicial precedent refers to previously decided
judgments of the superior courts, such as the
High Courts and the Supreme Court, which the
judges are bound to follow.

7.  Salmond
‘Precedent is the making of law by the
recognition and application of new rules by
the courts themselves in the administration of
justice’.

8.  Gray
‘Precedent covers everything said or done ,
which furnishes a rule for subsequent
practice’

9.  Keeton
‘A judicial precedent is judicial to which
authority has in some measure been
attached”

10.  Bentham
Precedents are ‘ judge made law’.
 Austin
Precedents are ‘Judiciary’s law’.

11.  The doctrine of precedent has evolved from
the English law and is pari materia to India.
 Ancient law:
 Medieval Times:
 During the British Rule
 After independence

12.  The court were generally local which, decided
most of the things orally.
 The ancient courts were kula, sherni, puga,
and shashan of which the former three
were the tribal, professional, and local
tribunals respectively.
 They decided the cases falling within their
respective jurisdiction.

13.  In the medieval period also, we find no traces of
any theory of the precedent.
 Though Mohammedan rulers established courts
and had appointed Qazis to administer justice,
most of the disputes in villages were decided by
panchayats.
 In the absence of a well organized judicial system,
no doctrine of precedent developed in India as it
developed in England.

14.  Now a clear hierarchy of the courts was established.
 There were Presidency Courts (in Presidency
towns) and Mofussil courts (in districts) and above
these courts was the High Court. The Privy Council
was the final appellant tribunal.
 Every court was bound by the decisions of the
superior court. This helped in bringing uniformity and
certainty in law because the decisions of the Privy
Council were binding on all the courts in British India.
Thus, the Doctrine of Precedent, in the
modern sense took its birth in India.

15.  Act of 1935: By the Government of India Act,
1935, a Federal Court was established in
India.
 This was an interposition in the hierarchy of
the courts. This Act provided that the
decisions of the superior courts will have the
binding effect on the courts below.

16.  Section 212 of the Act made the following
provision:-
 “the law declared by federal court and by any judgment
of the Privy Council shall, so far as applicable, be
recognized as binding on and shall be followed by all the
courts in British India, and so far as respects the
application and interpretation of the Act or any Order in
Council there under or any matter with the respect to
which the Federal Legislature has power to make law in
relation to the State, in any Federal State.”

17.  Indian Constitution,1950
 After independence of the country, the Privy
Council ceased to be the appellant court in
India and Federal Court was abolished. By the
Indian constitution, 1950, a Supreme Court
was established which is the final appellant
tribunal. In states there are High Courts and
in districts there are District Courts.

18.  The Supreme Court has been established by the
Indian Constitution, 1950. It is the highest
judicial tribunal of the Indian Union.
 The law declared by it as stated above is binding
on all the courts of the country. When the
Supreme court, ‘as the apex adjudicator
declaring the law for the country and invested
with the constitutional credential under Article
141 clarifies a confused juridical situation, its
substantial role is of legal mentor of the nation.’

19.  Not bound by its own decisions: the
expression ‘all courts’, used in Article 141
refers only to courts other than the Supreme
Courts. Thus, the Supreme Court is not
bound by its own decisions, except to the
extent of that a smaller Bench is bound by
the decisions of a larger Bench and that of a
Co-equal Bench.

20. Precedent
Declaratory Persuasive
Original
 Authoritative precedent
Absolutely Authoritative Conditionally Authoritative

21.  As John William Salmon explained, a
declaratory precedent is one where there is
only application of an already existing rule in
a legal matter.

22.  Original precedent is one where a new law is
created and applied in a legal matter. Original
precedents are responsible for the creation of
new laws.

23.  The judge is bound to follow the precedent of
a superior court whether he approves it or
not.
 Absolutely Authoritative
 Conditionally Authoritative

24. Absolutely Authoritative ;Absolutely binding.it
must be followed without question, however
unreasonable or erroneous it may seem to be.
 Conditionally Authoritative; Normally binding;
but may be disregarded, when it is
 a) Wrong at law
 b) Wrong at reason
It requires reasons to reject it.

25.  A persuasive precedent is a type of precedent
where the judge is not required to follow the
precedent in a legal matter but will take the
precedent heavily into consideration.
 So a persuasive precedent is not a direct
source of law but is considered a historical
source of law. In India, the decisions of one
high court can act as persuasive precedents
in other high courts.

26.  The unanimity of the Court giving the decision.
 Affirmation or approval of that decision by other
courts. It will gain added authority if it’s affirmed
by a superior court.
 The eminence of the Judge giving the decision.
 Absence of criticism by the profession.
 The learned argument, consultation of the Judges
or other great deliberations.
 The fact of an Act being passed on the same
subject-matter without reversing the decision.

27.  Dissenting from
 Overruling
 Prospective over-ruling
 Reversal
 Distinguishing

28.  This is the refusal to follow a precedent by a
court of co-ordinate or equal jurisdiction.
Overruling
 This is where a court higher in the hierarchy departs
from a decision made in a lower court.Then the
previous decision is no longer binding.

29.  Here the overruling is limited only to future
cases. The present case before the cort is
decided as per the old precedent.
 Reversal
This is where a higher court departs from
the decision of the lower court on appeal

30.  This is where the facts of the case are
redeemed sufficiently different so that the previous case
is no longer binding.

31. 
Law declared by Supreme Court to be binding
on all courts: The law declared by the
Supreme Court shall be binding on all courts
within the territory of India.
 The relevance of precedent as a guide to judicial
decision making remains as undisputed in the present
day as it was more than a hundred and forty years ago
when Lord Campbell called attention to the importance
of the binding effect of the ratio decided in A.G. v.
Dean.

32. General Principles of Precedents:
 The High Courts in India are bound by the law declared by
the Supreme Court.
 Decisions of the Supreme Court are binding only so long
as they have not been overruled by the Supreme Court.
 The decisions of a High Court are binding on all the
courts below it within its jurisdiction.
 The judgment of a particular High Court, is not binding on
other High Courts. The High Courts are the courts of co-
ordinate jurisdiction. Therefore, the decision of one High
Court is only of persuasive value for other High Courts.

33.  In High Courts generally appeals are heard by a
Single Judge, some appeals such as murder, specials
appeals etc. are heard by two judges. Different High
Courts have their different rules in this respect. When
an appeal involves some important and complicated
point of law, it is referred to a Larger Bench. A Bench
of two judges is called the Division Bench. Three or
more judges constitute a Full Bench.
 The decisions of a larger bench are binding on a
smaller bench. A bench is not bound by the decisions
of another bench of equal authority.

34.  Union of India Vs. Raghubir Singh (AIR 1989
SC 1933)
 “The doctrine of binding precedent has the
merit of promoting a certainty and consistency
in judicial decisions, and enables an organic
development of the law, besides providing
assurance to the individual as to the
consequence of transactions forming part daily
affairs. And, therefore, the need for a clear and
consistent enunciation of legal principle in the
decisions of a court.”

35.  Commissioner of Income Tax Vs. M/s Sun
Engineering Works Private Limited (AIR 1993,
SC 43),
 the Hon’ble Apex Court held that, “While applying the decision to
a latter cases, the court must carefully try to ascertain the true
principle laid down by the decision of Supreme Court and not to
pick out words or sentences from the judgments divorced from the
context of question under consideration by the court to support their
reasoning.” Any interim order passed even by Supreme Court is
limited to that particular case and should not to be used as precedent
for others cases specifically when the Supreme Court itself has
earlier authoritatively decided the question which is squarely
involved in the latter case.

36.  Supreme Court observed that, “It is
impermissible for a High Court to over rule
the decision of the Apex Court on the ground
that the Supreme Court laid down legal
position without considering any other point.
High Court cannot question the correctness
of the decision of the Supreme Court even
though the point sought before the High
Court.”

37.  M. Lakhani v. Malkapur Municipality (AIR 1970
S.C.1002), it was remarked that a Supreme Court decision
is binding on High Courts.
 The issue of ratio decidendi has been explained by the
Supreme Court in Director of Settlements, Andhra Pradesh
and Others Versus M.R. Apparao and Another' [AIR 2002
SC 1598 ] wherein it was observed by the Hon'ble Supreme
Court that Article 141 of the Constitution unequivocally
indicates that the law declared by the Supreme Court shall
be binding on all Courts within the territory of India.

38.  Siddharam Satlingappa Mhetre Versus State of
Maharashtra and Others [(2011) 1 SCC 694 ]
it was observed by the Apex Court that the judgment of
a larger strength is binding not only on a judgment of
smaller strength but the judgment of a co-equal strength
is also binding on a Bench of Judges of co-equal
strength. If the court doubts the correctness o judgment,
the only proper course would be to make a request to
the Chief justice to refer the matter to a larger bench of
appropriate strength.

39.  State of mp V. Mala banergee
 Conflict between co- equal benches,it is
desirable to refer the matter to a larger
bench.

40.  The Decision of one high court is not a
binding precedent upon another High court
and at the best can only have persuasive
value.

41.  State of Uttar Pradesh and another versus
Synthetics and Chemicals Ltd. and another [(1991) 4
SCC 139] it was observed that a decision which is not
expressed and is not founded on reasons, nor it
proceeded on consideration of issue, cannot be deemed
to be a law declared to have binding effect as is
contemplated by Art. 141.

42.  Vishaka v. State of Rajasthan,
the accused was alleged of the offence of the brutal gang rape
of a social worker. The three-bench judge of the Supreme
Court laid down relevant guidelines and norms as there was
no enacted law related to effective enforcement of the basic
human rights gender equality and also guarantee against
sexual harassment. The court observed that norms and
guidelines should be followed in workplaces in accordance
with Article 141 of the Constitution. Further, the court has
stated that the guidelines were declared under Article 141 of
the Indian Constitution and were binding and enforceable in
law, and suitable legislation accordingly occupied the field.

43.  The Kerala State Backward Classes ( Reservation for
Appointment for Posts in Services under the State) Act,
1955 which has retrospectively validated the law contained
in the relevant statutory declaration that no creamy layer
must exist in the state. This particular provision was
accordingly held unconstitutional by the Supreme Court. In
the case of Indira Sawhney v UOI, the court gave a decision
for the exclusion of the creamy layer in classes from
reservation benefits in accordance with Article 141 of the
Indian Constitution. Hence, the apex court was justified in
declaring the above mentioned Kerala act as
unconstitutional.

44.  Moreover, in the Pandurang Kalu Patil v. State of
Maharashtra, the supreme court had even stated that
the decisions of the High court will be binding until and
unless the Supreme Court overrules them.

45.  Mohd. Ahmed Khan v. Shah Bano Begum, it was held
that the Supreme Court’s interpretation of religious
texts is a binding precedent. The apex court held after
finding out what were the important rights of Muslim
divorced women were not there properly in the original
texts or any other material.

46. Consistency and predictability:
 Because of the presence of judicial
precedents, the lawyers become able to assist
their clients regarding specific subject matter
after observing the precedents prevalent in
such field. It provides guarantee that every
case will be treated and decided in a manner
that is similar to pass decisions. There is an
element of consistency and predictability that
everyone can rely upon it.

47.  Flexibility:
 Precedents bring flexibility in the legal system. The
Supreme Court of India is not bound by its own decisions.
The rules settled by the Supreme Court in a particular
subject matter remain in force unless they have not been
overruled by the Supreme Court. This system creates a
series of checks and balances in the judiciary. Judges may
not write the laws, but it is their job to interpret the law as
accurately as possible in every situation. They mold the law
according to the changed conditions and thus bring
flexibility to the law.

48.  Save time of the courts:
 Judicial precedents provide great convenience as it
reduces the labor of judges and lawyers. Once the
question regarding some specific matter is resolved
then it is not required to re-argue the same question
in the future similar cases. That means judges can
spend less time in deliberation because they already
have access to the decision making processes of
others. This advantage can even reduce the crime
rate to some extent as it throws light on the
consequences for the wrong committed against the
state.



49.  Complexity:
 There are so many case laws thus it creates complexity.
Every judge issues his own perspective on matter to
create more precedents. Judgments are exceptionally
long, and it becomes burden for the lawyers and judges
working on the similar matter to determine that what is
applicable or not. It becomes tedious task to find out
relevant case law on particular matter.

50.  Possibility of overlooking of authorities:
 The vastly increasing number of cases has an
overwhelming effect on the judges and the lawyers,
thus there is possibility of overlooking of authorities. It
becomes difficult to trace out the wide range of
authorities on the very point. Sometimes, the
conflicting decisions of superior courts put the judges
of lower courts into a dilemma.

51.  Rigid:
 The practice of precedents brings rigidity in the system
because the lower courts are bound by decisions of
higher courts. The society is not static and there are
changes in social, economic, and other circumstances
with time. Changed circumstances may require a
different interpretation of law. In fact binding
precedents can hinder the development of law.

52.  Tribhovandas p. thakker v. Rattilal motilal patel, AIR 1968 SC
372
 Precedents form foundation of administration of justice.
Surinder singh v. Hardial singh, AIR 1985 SC 89
Precedents the law predictable.
Union of India V. Amrit Lal Manchanda, AIR 2004 SC 1625
Follow it to mark path of justice.

53.  If any question involved in a case is incidentally
covered by the decision, without discussion, it is called
the ‘Precedent sub- silentio’
 At best,it also may have only some persuasive
effect,but no authoritative binding effect.
 Uptron India Ltd v. Shammi Bhan, (AIR 1998 SC 1681)
 A wrong concession on a question of law cannot constitute a
just ground for a binding precedent.

54.  Latin phrase.
 meaning "the reason" or "the rationale for the
decision". The ratio decidendi is "the point in a case
that determines the judgment" or "the principle that the
case establishes".

55.  Ratio decidendi means that part of a case,
which is about that principle of law on which
a decision is based: when a judge passes
judgment in a case, he/she applies law to
such facts and arrives at a decision, for which
he/she gives reason. This is called ratio
decidendi.

56.  Legal phrase;
 Ratio decidendi is a legal phrase, which refers
to those legal, moral, political, and social
principles, which are used by a court to
compose rationale of a particular judgment.

57. Binding part of judicial precedent
 Ratio decidendi is considered binding part
of a judicial.
Determination of judgment
 Ratio decidendi can be explained as that
point in a case, which determines judgment

58. Reasons for decision
 Ratio decident can also be explained as reasons for
decision. Such reasons are, in fact, those principles,
which a judge uses when he/she makes his/her
judgment
Creation of binding precedent
Through ratio decidendi, binding precedent is
created and subordinate courts are bound to follow
such precedent when those cases, which have
sufficiently similar facts are presented to them.

59.  Use of Ratio decidendi
 Ratio decidendi is considered one of the most
powerful tools, which are available to lawyers.
with a proper understanding of ratio of a
precedent, an advocate can compel a lower
court to come to that decision, which that
court is otherwise unwilling to make.

60.  It is the authoritative element in a judicial
decision
 It is the rule of law which the court regards as
governing the facts of a case.
 It is the rule used for resolving the issue
under discussion.

61.  Donogue v. Stevenson (Snail in the bottle
case)
 The ratio decidendi in the case is the
manufacture is liable to the consumer for his
negligence in manufacturing goods which are
of such nature that they are incapable of
intermediate inspection by the retailer.

62.  Union of India v. Maniklal Banerjee(AIR 2006
SC 2844)
 Only ratio decidendi is binding and has
precedent value.

63.  State of Orissa v. Sudhanshu Shekhar Mishra (AIR
1968 SC 647)
A decision is an authority for what it decides and not for what can logically
be deduced from it. The only thing in a judge’s decision binding a party is
the principle upon which the case is decided. On our analysis, we have to
isolate the ratio of the case. A decision contains:
 Finding of Material Facts- Direct and inferential
 Statement of the principle of law applicable to the legal problem disclosed
by the facts.
Judgments based on the combined effects of the above two.

64.  In State of Orissa v. Mohd. Illiyas (2006) 1
SCC 275,
 The court held that every decision contains
three basic postulates:
 (i) findings of material facts, direct and
inferential,
 (ii) statements of the principles of law, and
 judgment based on the combined effect of
the above.

65.  The Supreme Court has consistently held that
in case of conflicting judgments of co-equal
benches, it is desirable to refer the matter to
a larger Bench.
 (State of MP v. Mala Banerjee, (2015) 7 SCC
698; Atma Ram v. State of Punjab, AIR 1959
SC 519; Zenith Steel Tubes and Industries
Ltd. v. SICOM Ltd. (2008) 1 SCC 533).

66.  Decision of larger Bench will prevail over the
decision of a smaller Bench.
 Decisions of a smaller Bench prevails, which
deals with and explains the decision of larger
Bench. (Union of India v. Nirala Yadav (2014)
9 SCC 457 ).

67.  If decision of coordinate Benches of equal
strength differ, and the later decision does
not notice or consider the earlier decision,
then the Court may choose to follow that
decision which is closer to the facts of the
case at hand and deals more directly with the
legal issue.

68.  If a court considering a particular provision of law is
faced with two decisions, it will follow the one, which
deals with the same or identical provision rather than
the decision which deals with a similar but not an
identical provision, even if the latter is by a larger
Bench or a later judgment.
 When a Constitution Bench has decided an issue and
subsequent smaller Benches have not considered it or
answered the similar issues somewhat differently, the
later decisions should be construed in terms of the
Constitution Bench decision as the smaller Benches
could not have intended a different view.

69.  (i) Abrogated decisions.
 (ii) Affirmation or reversal on a different
ground
 (iii) Ignorance of statute
 (iv) Inconsistency with earlier decision of
higher court
 (v) Inconsistency with earlier decision of
same rank
 (vi) Precedents sub silentio or not fully argued
(vii) Decisions of equally divided courts
 (viii) Erroneous decision

70.  The Supreme Court in Parsaraja Manikyala
Rao v. State of A.P. AIR 2004 SC 132, held
that each criminal case depends on its own
facts. Thus one should avoid the temptation
to decide cases by matching the colour of one
case against the colour of the other. To
render speedy and effective justice, it is
required to avoid the tendency to refer to and
rely upon precedents to arrive at findings of
fact in criminal cases.

71. 
There are three mutually repugnant streams of precedents:

(i) Subordinate court may follow the earlier precedent, i.e.,
view of the earlier vintage will prevail.

(ii) Later Decision will prevail: Joseph v. Special Tehsildar
(2001) 1 KLT 958 (FB). Vasant Tatabo Hargude & Ors. v.
Dikkaya Muttaya Pujari, AIR 1980 Bom. 341;
Govindanaik G. Kalaghatigi v. West Patent Press Co. Ltd.
& Anr., AIR 1980 Kant 92)

(iii) Better in point of law:
Amar Singh Yadav v. Shanti Devi, AIR 1987 Pat. 191 (FB)
Where the law has been laid down more elaborately and
accurately.

72.  Latin maxim
 Un necessary part of judicial decision
 An obiter dictum is a remark or observation, which is
made by a judge. Although such remark or observation
is included in text of courts decision, yet it does not
form a necessary part of courts decision.

73.  It is the legal principle merely discussed in judgment,
but not actually applied to the case are not ratio
decidendi.
 Only some persuasive effect.

74.  Importance of obiter dicta
 Obiter dicta can be influential. Obiter dicta
can suggest an interpretation of law, which
has no bearing on the case at hand but can
be useful in future cases.

75.  1) They are ‘they said in passing’.
 2) They are also observations on legal points but are
not binding as precedent. They are not authoritative.
(although it may have persuasive value) .
 3) They are other observations made responding to the
arguments of counsel, or identifying issues to be
resolved in future.
 4) It is a ruling based on hypothetical facts.

76.  5) It is unnecessary to the decision of the case in hand. It
is a remark or opinion expressed by a judge not directly
upon the question before the court. It is just made by the
way, incidentally or collaterally. It may be made by way
of suggestion or illustration or analogy
 6) The terms ‘dicta’ and ‘obiter dicta’ are used
interchangeably. (‘dictum’ is singular; ‘dicta’ is plural)
 7) In England, an obiter dictum of a higher court has no
binding effect on subordinate courts.

77.  Arun kumar v. State of madhya pradesh (AIR 2011
SC3056)
 Obiter dicta is a mere observation or remark
made by the court, by way of aid, while
deciding the actual issue before it. The mere
casual statement or observation ‘Which is not
relevant, pertinent or essential to decide the
issue in hand’, the court said, did not form
the part of the court and had no authoritative
value.

78.  Ratio decidendi
 Reason for deciding
 Binding precedent
 Ratio decidendi may be
described as rule of law
applied by and acted on by
the court, or the rule which
the court regarded as
governing the case.
 Obiter Dicta
 Other things said
 Not binding
 Statement made by a judge
in course of his judgment.

79.  1) Stare Decisis = stand by the things decided (do not unsettle the
established)
 Stand by decisions and do not move that which is quite.
 Derived from the maxim ‘Stare decisis et non quieta movere’
 To stand by decisions and not disturb the undisturbed
 2) It means adherence to precedents. Once a point of law has been
decided in a particular case, the same law must be applied in all future
cases which contain the same material facts. All courts are bound to
follow the rule of law laid down by the courts above them. Decisions of
courts of coordinate jurisdiction have persuasive value.

80.  3) It means that the courts must not change the law
unless they absolutely have to in order to prevent
injustice. Being obliged to follow a decision even the
decision does not appear to be fully correct.
 4) This doctrine is also known as ‘the doctrine of
precedent’.
 5) Origin of the doctrine: common law, when the
decisions of courts started being reported. This doctrine
is followed in India as well.

81.  6) The operation of this doctrine presupposes the
existence of a hierarchy of courts.
 7) It brings about certainty, uniformity, consistency,
predictability, stability in the law as like cases decided
in the like manner. This in turn helps to generate
confidence in a legal system. It also increases judicial
efficiency by relieving courts of having to reinvent
legal principles for each case brought before them

82.  8) But the doctrine is not to be applied so as to
perpetuate a wrong when the court is convinced that its
previous decision was erroneous. The rule of stare
decisis is not imperative and inflexible. It can be
departed from by the discretion of court for serving
larger public interest or for preventing grave injustice.


83. It has been stated by the Supreme Court of
India that the doctrine is only a useful servant;
it must not be turned into a tyrannical master.
It should not be followed

84.  There are vertical and horizontal stare decisis
Horizontal
 The court adhering to its own precedent
 Rule of prudence, and may be diluted by factors
 Eg; manifest error, distinction on facts( vide keshav
mills co. Ltd v. C.I.T. AIR 1965SC 1636)

85. Vertical
 Ii is mandatory
Lower courts follow the higher courts decision.
Its breach would cause judicial indiscipline and impropriety.
 ( Nutan kumar v. iind additional District judge AIR 2002SC
3456)

86.  The justification of stare decisis is for promoting
uniformity in judicial decisions.and also ensuring
stability ,certainity and predictability of the law.

87.  Vishaka V. state of Rajasthan
 Nirbhaya case
 PUCL V. UOI ( Right to food case)-right to
food-FR-life with human dignity
 Ashok kumar Thakur V. UOI
-right to education
 NALSA V. UOI

88.  1. consent order
 2. obiter dicta
 3. per incuriam
 4. sub silentio.

89.  Meaning; through lack of care or
carelessness.
 This is a decision of a court arrived at without
attention being drawn to the relevant statute
or authority. it is usually not binding.
 Jaganath temple managing committee v.
siddha math, AIR 2016 SC 564

90.  The text of Mahabharata says ‘that Path is the right path which
has been followed by virtuous men’
 The concept of precedent is based on this theory.
 The edifice of common law is made up of this theory.
 The doctrine of precedents grew in England in absence of law
requires not over turning precedents too often.
 In England, the high court and the court of appeal are each
bound by their own previous decisions, but the supreme court
of UK is able to deviate from its earlier decisions, although in
practice is rarely does so.

91.  Not bind
 1. conflict between two decisions
 2. ignorance of statute.
 Divisional court also boundby its decisions

92.  Stare decisis
 Decisis means literally and legally ,the decision.
 Judges are obliged to respect the precedent
established by prior decisions.
 Burnet V. Coronado oil & Gas Co,285 U.S.393
Correction through legislative action is not practically
possible even the court is overruled the previous decisions.

93. Follow-To maintain stability and uniformity.
Considered as a judicial restraint.
Viewed as a tradition or a practice rather than a legal
doctrine
Generally not overrule

94.  Follow precedent
 Same province or jurisdictional may assist
judges in reaching a decision.
 Other common wealth jurisdiction have
persuasive effect.
 House of lord can overrule their previous
decision.

95.  Based on civil roman law system.
 Court of justice of the European Union (CJEU)
 National courts-apply its own decisions.
 Absence of Judicial precedent.
 Opposed to practice of English Courts.
 Not based on previous decisions.

96.  No binding precedent.
 Federal Supreme court
 Federal administrative court
 Federal Tax court
 Federal Labour court
 Federal Social court

97.  2 distinct and separate hieararchy of court
Judicial and administrative orders
 No binding precedent.

98. Court on original jurisdiction
Court on special jurisdiction
 Precedent is not a source of law.
 No binding effect
 Persuasive

99.  In simple words the precedent means judge
made law. The ratio decidendi is the reason
behind the decision and the obiter dicta is the
discussions are made but they have no any
binding effect.

100. Thanking you