Showing : 11-20 of 20 Results

SUPREME COURT OF INDIA
Year of decision: 2010
Details
Constitution of India, 1950, Article 141, Consumer Protection Act, 1986, Section 2(1)(g), 2(1)(s)-- Medical negligence - Expert opinion - Precedent - Held that general directions given by two - Judge Bench of Supreme Court in Martin F. D'souza vs. Mohd. Ishfaq reported in 2009(3) SCC 1 in Para 106 to have expert evidence in all cases of medical negligence held not consistent with principle laid..........
DELHI HIGH COURT
Year of decision: 2009
Details
Constitution of India, 1950, Article 141-- Doctrine of precedent - Position with regard to `doctrine of precedent' discussed...........
BOMBAY HIGH COURT
Year of decision: 2009
Details
Constitution of India, 1950, Article 141-- Precedents - A little difference in facts or additional facts may make a lot of difference in precedential value of a decision - Ratio decidendi can act as binding or authoritative precedent and reliance placed on mere general observations or casual expression of court is not of much avail...........
GAUHATI HIGH COURT
Year of decision: 2009
Details
Constitution of India, 1950, Article 141-- Precedent - Held, every decision must be read as applicable to particular fact - Only essence of decision and its ratio is binding and not every observation found therein u/Art. 141 of the Constitution of India...........
SUPREME COURT OF INDIA
Year of decision: 2007
Details
Constitution of India, 1950, Article 141-- Precedent - Mere a direction of the Supreme Court without laying down any principle of law is not a precedent - It is only where the Supreme Court lays down a principle of law that it will amount to precedent...........
SUPREME COURT OF INDIA
Year of decision: 2005
Details
Constitution of India, 1950, Article 141-- Precedent - By Coordinate Bench - Not justified to depart from view taken by coordinate bench unless it is held as a decision held per incuriam...........
SUPREME COURT OF INDIA
Year of decision: 2004
Details
Constitution of India, 1950, Article 141-- Statutes - Interpretation - While interpreting a provision the Court only interprets the law and cannot legislate it - If a provision of law is misused and subjected to the abuse of process of law, it is for the legislature to amend, modify or repeal it, if deemed necessary...........
SUPREME COURT OF INDIA
Year of decision: 2004
Details
Constitution of India, 1950, Article 141-- Precedent - Judgment not taking note of statutory provision - View, if any, expressed without analysing the statutory provision cannot be treated as a binding precedent - At the most considered as having been rendered per incuriam...........
SUPREME COURT OF INDIA
Year of decision: 2004
Details
Constitution of India, 1950, Article 141-- Binding Precedent - Order passed in SLP under Article 136 by supreme court - Order passed in any SLP at threshold without detailed reasons does not constitute any declaration of law or constitute a binding precedent...........
PUNJAB & HARYANA HIGH COURT
Year of decision: 2003
Details
Constitution of India, 1950, Article 141-- Nature of binding precedents of law declared by Supreme Court-Validity of Act upheld by Supreme Court-Not open for High Court to entertain any other argument-Judgment of Supreme Court cannot be bypassed on the ground that some point had not been considered-High Court cannot question correctness of..........

Showing : 11-20 of 20 Results