Common Sense Can't Override Binding Precedent in India

2024 Supreme(US)(ca9) 100

Moreover, the curtilage writing failed to fully consider the implications of the new pronouncement in light of the common-law tradition, Supreme Court precedent, and Article III. In fact, authoritative precedent is notably absent from the analysis. ... The principle that dicta are non-binding is rooted in the common law. In Caroll v. Lessee of Caroll, the Court explaine....

2023 0 Supreme(Bom) 1343

The view appears to be that in case of conflicting decisions by Benches of matching authority, the law is the latest pronouncement made by the latest Bench and the old law shall change yielding place to new." ... A decision not expressed, not accompanied by reasons and not proceeding on conscious consideration of an issue cannot be deemed to be a law declared to have a binding effect as ....

2023 0 Supreme(Ker) 642

Francis (2023 (1) KLT 516) by the Division Bench of this Court cannot claim the sanctity of binding precedent. 17. ... As discussed earlier, even a wrong decision by a larger Bench or by a coequal Bench will not take away its binding precedent. Hence, it has to be ascertained in relation to the ratio decidendi applied and settled. 11. ... (2) A Bench of lesser quorum cannot#HL....

Supreme Court of the United States

B Necessarily, this represents just a quick sketch of tradi- tional common-law understandings of the judge’s role and the place of precedent in it. It focuses, too, on the horizon- tal, not vertical, force of judicial precedents. ... makes sense. ... When examining past decisions as evidence of the law, common law judges did not, broadly speaking, a....

2024 Supreme(US)(scotus) 15020

B Necessarily, this represents just a quick sketch of tradi- tional common-law understandings of the judge’s role and the place of precedent in it. It focuses, too, on the horizon- tal, not vertical, force of judicial precedents. ... makes sense. ... When examining past decisions as evidence of the law, common law judges did not, broadly speaking, a....

2022 0 Supreme(Raj) 1102

To be substantial, a question of law must be debatable, not previously settled by law of the land or a binding precedent, and must have a material bearing on the decision of the case, if answered either way, in so far as the rights of the parties before it are concerned. ... A point of law which admits of no two opinions may be a proposition of law but cannot be a subst....

First, the Federal Constitution; second, Acts of Parliament; third, the common law. Let us take the Constitution. Articles 128 and 130 are the relevant provisions. ... The exercise of this power does not begin until some tribunal which has power to give a binding and authoritative decision (whether subject to appeal or not) is called upon to take action. ... Once it is provided by our written la....

2025 Supreme(US)(ca6) 48

Page 39 At first glance, these common-sense definitions only seem to reiterate what we already know. Of course, an “extraordinary and compelling reason” is one that is unusual, rare, and forceful. ... When governing case precedent demonstrates that the text alone is unambiguous and precludes the agency’s interpretation, that prior precedent is binding, and courts must follow it in r....

It was held as follows: "The rule of per incuriam can be applied where the court omits to consider a binding precedent of the same court or a Superior Court rendered on the same issue or where the court omits to consider any statute while deciding the same issue." ... " (Halsbury's Laws of England, 4th Edition Volume 26 Para 578 at pages 297 and 298) In Professor Rupert Cross' Book titled "Precedent in English Law#HL_EN....

2022 Supreme(US)(ca9) 279

It turned out that, because of complications of federal and state law, the common council was not empowered to issue auctioneer licenses or take bonds. Id. at 407–08. ... CPOA 7 union may assert a good faith defense in an action to recover retroactive agency fees if the union relied on binding Supreme Court precedent and state law in assessing the fees. 945 F.3d at 1097....

2020 0 Supreme(Kar) 173

After the lease is executed the parties are governed by the terms of .the lease and the provisions of the Act and the Rules governing the lease. we are of the view that aforesaid decisions cannot be held to lay down the law so as to constitute a binding precedent. If any breach of the conditions of the lease takes place or the lease is terminated unless the Act or Rules specifically provide to meet such a situation the matter will be governed by the common law.

2015 0 Supreme(Guj) 845

v. State of Gujarat this Tribunal vide its order dated April 22, 2002 passed in SA Nos. 335 and 336 of 2006 has adopted a very narrow meaning of the word used in section 54(1)(aa) of the Act and held that the entitlement of interest under section 54 is from April 1, 1993 and only on such refund amount which has arisen in the assessment order under section 41 of the Act and not at the appellate stage. With respect, this is not correct proposition of law and it cannot be considered as ....

2015 0 Supreme(Guj) 392

v. State of Gujarat this Tribunal vide its order dated April 22, 2002 passed in SA Nos. 335 and 336 of 2006 has adopted a very narrow meaning of the word used in section 54(1)(aa) of the Act and held that the entitlement of interest under section 54 is from 1/4/93 and only on such refund amount which has arisen in the assessment order under section 41 of the Act and not at the appellate stage. With respect, this is not correct proposition of law and it cannot be considered as binding....

2010 0 Supreme(All) 1189

So the petitioner cannot derive any benefit from the case of Vijay Shankar Srivastava(supra) as it is no longer open to the petitioner to lay a further claim for appointment on the post of Assistant Teacher as held by the Hon'ble Supreme Court that once an appointment has been made, the matter regarding compassionate appointment comes to an end and no further appointment under the Dying-In-Harness Rules could be made. Therefore the same cannot be treated as a 'binding precedent' havi....

2008 0 Supreme(Bom) 278

As noted, the words clear whereby the legislature has intended to enlarge the definition and meaning of the word "article". The above English judgments as well as law in our opinion cannot be the precedent and or the binding decisions. Those Judgments, therefore, in no way assist the defendants to support their case that the registered cap in question is not an article within the definition and ambit of Section 2(a) of the Act.