jurisprudence and legal theory

  • Published on
    13-Apr-2017

  • View
    51

  • Download
    1

Embed Size (px)

Transcript

<p>PowerPoint Presentation</p> <p>Jurisprudence AND LEGAL THEORYNAME PRIYARANJAN BHARADWAJROLL. NO 66</p> <p>PRECEDENT AS A SOURCE OF LAW</p> <p>IT IS AN IMPORTANT SOURCE OF LAW, AND IT IS A LEGAL SOURCE OF LAW ON WHICH COURT IS BOUND TO FOLLOW, IN ENGLISH LEGAL SYSTEM IT HAS AUTHORITATIVE IMPORTANCE.</p> <p>PRECEDENT INCLUDES MERELY REPORTED CASE LAW WHICH MAY BE CITED AND FOLLOWED BY COURTS AND OTHER SIDE CASE LAW WHICH HAS GREAT BINDING AUTHORITY AND MUST BE FOLLOWED.</p> <p>A STATEMENT OF LAW MADE BY JUDGE IN A CASE BECOME BINDING ON OTHER JUDGE AFTER HIM AND SUBORDINATE COURTS WHICH SUPPOSE TO FOLLOWED BY EVERY ONE. 2 FACTORS ON PRECEDENT BECOME BINDING:-</p> <p>PRONOUNCED BY SUFFICIENTLY SENIOR COURT.ONLY THE RATIO DECIDEND.</p> <p>SOMWATI V. STATE OF PUNJAB</p> <p>JEREMY BENTHAM PRECEDENT IS JUDGE MADE LAW.AUSTIN JUDICERYS LAW.KEETON JUDICIAL PRONOUNCEMENT OF COURT.</p> <p>NATURE OF JUDICIAL PRECEDENT</p> <p>JUDGES CAN MAKE LAW BUT CANNOT ABOLISH IT. JUDGES HAS THE POWER TO REMOVE THE IMPERFECTION IN EXISTING LAWS.</p> <p>JUDICIAL DECISION MAKING EITHER BY DEDUCTIVE OR INDUCTIVE.</p> <p>IN DEDUCTIVE METHOD, LEGAL RULE IS APPLICABLE TO ANY PARTICULAR CASE</p> <p>WHERE AS IN INDUCTIVE METHOD, FINDING THE GENERAL PRINCIPLE APPLICABLE TO PARTICULAR CASE AND APPLICATION OF RULE DIRECTLY DOESN'T CONCEIVE.</p> <p>POSITION IN INDIABEFORE THE INDEPENDENCE, IT WAS RECOGNIZED UNDER SEC 212 OF GOVERNMENT OF INDIA ACT. 1935.</p> <p>AFTER THE CONSTITUTION CAME INTO FORCE ARTICLE 141 GIVES A CONSTITUTIONAL STATUS TO DOCTRINE OF PRECEDENT AND SUPREME BECAME HIGHEST COURT AND ITS DECISION ARE BINDING ON ALL SUBORDINATE COURTS.</p> <p>IN CASES BENGAL IMMUNITY LTD. V. STATE OF BIHAR</p> <p>THANKYOU</p>

Recommended

View more >