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2007 Supreme(Bom) 976

M.G.GAIKWAD, SWATANTER KUMAR, N.V.DABHOLKAR
STATE OF MAHARASHTRA – Appellant
Versus
PRASHRAM JAGANNATH AUTE – Respondent


JUDGMENT

SWATANTER KUMAR, C. J. :- Law, despite its source, is essentially mutable and has to change with the need of the society to ensure that the legislative intent is achieved. It may not be essential to construe statutory provisions strictly or apply the existing judicial dictums so strictly and mechanically that it overreaches the concept of stare decisis. The law of precedents is an accepted precept of administration of justice. Judicial discipline requires precedents to be followed but without transgressing its own limitations. Precedents are described as "Authorities to follow in determination in Courts of Justice. Precedents have always been greatly regarded by the Sages of the Law. The precedents of the Courts are said to be the laws of the Courts and the Courts will not reverse a judgment contrary to many precedents" (Law Lexicon - 1997 Edition). To the rule of precedents there are exceptions founding on the doctrine of ratio decidendi, sub-silentio and stare decisis. For a precedent to be binding, it cannot be without judicial discussion on arguments. An extra judicial opinion given out of Court or without context is not a good precedent. To be a precedent, it has to b















































































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