Precedents Archives

‘Arbitrary withholding of refund claims for specific periods, despite precedents, is contrary to principles of fairness and equity’: Allahabad HC grants relief to Samsung

“Taxation serves as the cornerstone of governmental revenue, facilitating the provision of public services and infrastructure. Essential to this system is consistency, ensuring that similar factual and legal circumstances are met with uniform treatment.”

Supreme Court Judgments on discharge of accused

Case Briefs Supreme Court

Skipping to reconsider Minakshi Bala case, Supreme Court surveys judgments on discharge of accused to set aside vexatious prosecution

“The High Court should have intervened and discharged the appellants. But this Court will intervene, being the sentinel on the qui vive.”

Case Briefs Supreme Court

How to distinguish between application of a decision as res judicata and precedent? Supreme Court elucidates

Although the instant matter was remanded back to NCDRC to decide on facts, the Supreme Court very well elaborated the cause of action, Doctrine of Merger, principle of Res Judicata and Precedents.

Case Briefs Supreme Court

Does everything said by a Judge while giving judgment constitute a precedent? Supreme Court explains

Supreme Court said that the distinction between obiter dicta and ratio decidendi in a judgment, as a proposition of law, has been examined by its several judgments.

Case Briefs Supreme Court (Constitution/Larger Benches)

SC Constitution Bench| Binding nature of a judgment depends on the Bench Strength and not the numerical strength of the Judges taking majority view

Supreme Court: Explaining the doctrine of precedents, the 5-judge Constitution Bench of Indira Banerjee*, Hemant Gupta*, Surya Kant, MM Sundresh and Sudhanshu

Experts Corner Siddharth R Gupta

Extent, Existence and Expiry of Interim Orders – A Judicial Enigma [Part I]

by Siddharth R. Gupta† and Mayank Bansal††
Cite as: 2022 SCC OnLine Blog Exp 51

Case Briefs Foreign Courts

SCOTUS rejects Wisconsin SC endorsed Redistricting Plan increasing the number of majority-Black districts in the Wisconsin State Assembly

Supreme Court of the United States (SCOTUS): In the instant matter, the SCOTUS deliberated upon a Redistricting Plan prepared by the Governor

Case Briefs High Courts

Telangana HC | Are principles of res judicata applicable to bail applications? Can repeated filing of bail applications without change in circumstances be accepted? Read on

Telangana High Court: G. Sri Devi, J., while addressing a bail application filed in a case of ‘Honour Killing’ enumerated the factors