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141. 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.
Oct 19, 2023 · Precedent means judgment or decision of a court of law cited as an authority for the legal principle embodied in it. The doctrine of precedent, which is also known as stare decisis, i.e., stand by the decision, is based on the principle that like cases should be decided alike.
Article 141, Constitution of India 1950. The law declared by the Supreme Court shall be binding on all courts within the territory of India. Summary. Draft Article 117 (Article 141) was debated on 27th May 1949. It stated that the Supreme Court’s decisions were binding on all courts in India.
ARTICLES 1. Name and territory of the Union. 2. Admission or establishment of new States. [2A. Sikkim to be associated with the Union.—Omitted.] 3. Formation of new States and alteration of areas, boundaries or names of existing States. 4. Laws made under articles 2 and 3 to provide for the amendment of
(1) Any law referred to in article 2 or article 3 shall contain such provisions for the amendment of the First Schedule and the Fourth Schedule as may be necessary
Jul 3, 2021 · If a judge makes a decision by applying the established and approved principle of law, it is called declaratory precedent. Per contra, the decision which itself establishes a new legal precept is called original precedent. Thereby, it becomes the source of law as it potentially develops the law.
Aug 18, 2023 · What is binding under Article 141. Types of precedents. Authoritative and persuasive precedents. Absolute authoritative and conditional authoritative precedents. Declaratory and original precedents. “Guidelines and norms”- binding nature of precedents.
Jan 28, 2024 · Article 141: 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. Article 142: Enforcement of decrees and orders of Supreme Court and orders as to discovery, etc.
Article 141 Law declared by Supreme Court to be binding on all courts of Indian Constitution. The law declared by the Supreme Court shall be binding on all courts within the territory of India.
Article 141 of the Indian Constitution states that law declared by Supreme Court to be binding on all courts within the territory of India. Article 141 states that only the ratio decendi of a case is binding not the obiter dicta and the mere facts of the cases.
