Can Judges Ignore Past Rulings? Stare Decisis Rules

Court of Appeal Putrajaya

whether either of the conflicting decisions is an earlier case or a later one, thirdly, it ought not to follow its own previous decision when it is expressly or by necessary implication, overruled by the House of Lords, or it cannot stand with a decision of the House of Lords. ... They propose, therefore, to modify their present practice and, while treating former decisions of this House as normally bind....

2024 0 Supreme(All) 804

It allows the courts to depart from established precedent when a previous decision was made without proper consideration of relevant statutes, regulations, or binding authorities. ... Under this doctrine, courts are bound to follow their own previous decisions when confronted with similar legal issues. This principle serves several important purposes. Firstly, it promotes consistency and predictability in the law, ensuring....

Mahkamah Rayuan Putrajaya

decisions. ... It would be a lamentable state of the law if members of the public, in whatever sector, are unable to secure legal advice of sufficient certainty in order to properly conduct or regulate their affairs because of a confusing melee of conflicting legal decisions by the courts."" ... Di ms 188 kes yang dirujuk, Azahar Mohamed HBM yang menyampaikan keputusan bagi pihak Mahkamah telah memutuskan: "[22] These conflicting#....

High Court Malaya Ipoh

whether either of the conflicting decisions is an earlier case or a later one, thirdly, it ought not to follow its own previous decision when it is expressly or by necessary implication, overruled by the House of Lords, or it cannot stand with a decision of the House of Lords. ... Dhalip explained the circumstances in which the apex Court ought to depart from its previous decis....

The Privy Council is not bound by its own decisions and it regards itself as free to depart from one of its own previous decisions, if its attention was not drawn in the previous decisions to relevant authorities. See Harris and Others v. Minister of the Interior and Another ((1952) 2 S. ... A relaxation of the present rule will not necessarily result in a general reversal of establ....

2023 0 Supreme(All) 1760

The Supreme Court has dealt with the binding nature of its pronouncements in a number of decisions. It is, not necessary to refer to those cases. ... It is now well settled that if there are two conflicting judgments of the Supreme Court, of benches with equal number of Judges, then the latter will prevail over the earlier. ... In the event of conflict between two decisions of the Supreme Court, a questio....

2024 2 Supreme 333

However, we have to reiterate the concern of this Court on the lethargy in following the earlier orders in the matter of dealing with bail applications arising out of the same FIR to avoid conflicting decisions. ... Inasmuch as some of the learned Judges grant bail and some other Judges refuse to grant bail, even when the role attributed to the applicants is almost similar. 8. ... We shall not be understood to have said th....

2023 0 Supreme(Gau) 1213

We notice that his order has cited several previous instances where judges who rendered decisions in smaller bench compositions, also participated in larger bench formations when the reasoning (in such previous decisions) was doubted, and the issue referred to larger benches, for authoritative pronouncement ... The previous decisions and practice of this court have clea....

2023 0 Supreme(Cal) 620

Such being the foundation of the reference because of the conflicting decisions taken by the different judges, this Bench is constituted to answer those references. 4. ... The view expressed in the above noted decision is laudable to the extent that in all the aforesaid three eventualities, the order of the inferior Court get replaced with the order of the higher authority and it is the last decision which exists as the #....

2024 0 Supreme(All) 1999

Consistency in judicial decisions ensures that similar cases are treated alike, thereby reinforcing the principle of equality before the law. ... It also helps litigants and their lawyers to predict the likely outcomes of their cases based on established precedents, fostering a sense of legal stability and fairness. Moreover, reasoned decisions are crucial. ... They not only provide transparency but also enable higher cour....

2022 0 Supreme(Pat) 355

And it will be strange if, by employing judicial artifices and techniques, we cut down the discretion so wisely conferred upon the Courts, by devising a formula which will confine the power to grant anticipatory bail within a strait-jacket. While laying down cast iron rules in a matter like granting anticipatory bail, as the High Court has done, it is apt to be overlooked that even Judges can have but an imperfect awareness of the needs of new situations. Judges have to decide cases ....

2022 0 Supreme(Del) 699

And it will be strange if, by employing judicial artifices and techniques, we cut down the discretion so wisely conferred upon the courts, by devising a formula which will confine the power to grant anticipatory bail within a strait-jacket. Judges have to decide cases as they come before them, mindful of the need to keep passions and prejudices out of their decisions. While laying down cast-iron rules in a matter like granting anticipatory bail, as the High Court has done, it....

2019 0 Supreme(All) 2195

Judges have to decide cases as they come before them, mindful of the need to keep passions and prejudices out of their decisions. And it will be strange if, by employing judicial artifices and techniques, we cut down the discretion so wisely conferred upon the courts, by devising a formula which will confine the power to grant anticipatory bail within a strait-jacket. While laying down cast-iron rules in a matter like granting anticipatory bail, as the High Court has done, it....

2014 0 Supreme(MP) 754

While laying down cast iron rules in a matter like granting anticipatory bail, as the High Court has done, it is apt to be overlooked that even Judges can have but an imperfect awareness of the needs of new situations. Judges have to decide cases as they come before them, mindful of the need to keep passions and prejudices out their decisions. In Paragraph 15 of the said judgment, Their Lordships further observed:-- And it will be strange if, by employing judicial artifices a....

2010 0 Supreme(All) 1736

There are, therefore, two conflicting decisions of learned Judges of this Court. In Dr. Sanjay Sharma (supra), the Court while analyzing the provisions of Clause 8(h) of the Notification dated 9th October, 1990, as amended in 1994, which the Court found to be substantially the same as Clause 8(e) of the Notification dated 9th October, 1990, was found to be valid. In Writ Petition No. 286 of 1991 (supra), Clause 8(e) of the Notification dated 9th October, 1990 was found to be ....