Login : Advocate | Client
Home Post Your Case My Account Law College Law Library

Report No. 136

2.11. Doctrine of precedent.-

The consideration of uniformity is, in fact, one of the philosophical justifications for the doctrine of precedent. We are not, at the moment, concerned with any theoretical exposition of this doctrine. But it seems necessary to draw attention to some aspects of the doctrine. Stare decisis has become an integral part of our law and the doctrines of precedent and stare decisis seems to have at least three rupees in mind:-

(1) they provide a basis from which lawyers can advise clients;

(2) they avoid additional costs of appeals and unnecessary litigation; and

(3) there is a danger that in the absence of these doctrines, different courts in different areas would apply different principles of law in the adjudication of controversies. The lest mentioned object is of direct relevance for the healthy functioning of the legal system.

Conflicts in High Court Decisions on Central Laws - How to Foreclose and how to Resolve Back

Client Area | Advocate Area | Blogs | About Us | User Agreement | Privacy Policy | Advertise | Media Coverage | Contact Us | Site Map
powered and driven by neosys