Stare Decisis: Are Courts in the Same Jurisdiction Bound by Their Own Previous Decisions?

2025 Supreme(Online)(HP) 8410

It promotes certainty and consistency in judicial decisions. Judicial consistency promotes confidence in the system; therefore, there is a need for consistency in the enunciation of legal principles in the decisions of this Court.’ ”(emphasis in original) 28. ... Be it noted, however, that the Corpus Juris Secundum adds a rider that ‘previous decisions....

2024 0 Supreme(All) 804

It promotes certainty and consistency in judicial decisions. Judicial consistency promotes confidence in the system, therefore, there is this need for consistency in the enunciation of legal principles in the decisions of this Court. ... Under this doctrine, courts are bound to follow their own previous decisions whe....

2023 0 Supreme(Del) 4130

Consistency, both in content and in procedure has to be adhered to in order to ensure predictability of the decisions. The absence of consistency and the consequent unpredictability of the decisions, both judicial as well as administrative leads to cynicism in the society. ... As mentioned above, consistency does not mean putting iron fetters on the subsequent decision making; it only means expecting that....

Court of Appeal Putrajaya

Bristol Aeroplane's case is that there are 3 exceptions to the general rule that the Court of Appeal is bound by its own decisions or by decision of courts of co-ordinate jurisdiction such as the Court of Exchequer Chamber. ... London County Council [1898] AC 375 that it was bound by its own previous decision in the interests of finality and certainty of the law, but a ....

2024 0 Supreme(All) 1999

Uniformity and certainty in the decisions of the court are the foundations of judicial dispensation. Persons accused with same offence shall never be treated differently either by the same court or by the same or different courts. ... Moreover, reasoned decisions are crucial. They not only provide transparency but also enable higher courts to review lower court decisions effectively. .......

Halsbury's Laws of England describes the rule of per incuriam as follows: "A decision is given per incuriam when the court has acted in ignorance of a previous decision of its own or of a court of co-ordinate jurisdiction which covered the case before it, in which ... CONCLUSION Summary of exceptions to starre decisis in appellate courts: It will be convenient to conclude this chapter with a summary of all the exceptions to starr....

Delhi

It further held that individual affairs are conducted and business decisions are made in the expectation of consistency, uniformity and certainty and to detract from those principles is neither expedient nor desirable. ... However, no appeal status could be found for other previous years. The Supreme Court in Principal Commissioner of Income Tax, New Delhi vs. Maruti Suzuki India Ltd., [2019] 107 taxmann.com 375 (SC) has h....

Delhi

It further held that individual affairs are conducted and business decisions are made in the expectation of consistency, uniformity and certainty and to detract from those principles is neither expedient nor desirable. ... Maruti Suzuki India Ltd., [2019] 107 taxmann.com 375 (SC) has held that Courts must promote the interest of certainty in tax litigation. ... According to the Apex Court, there ....

Delhi

It further held that individual affairs are conducted and business decisions are made in the expectation of consistency, uniformity and certainty and to detract from those principles is neither expedient nor desirable. ... Maruti Suzuki India Ltd., [2019] 107 taxmann.com 375 (SC) has held that Courts must promote the interest of certainty in tax litigation. ... According to the Apex Court, there ....

2024 0 Supreme(Guj) 457

It promotes certainty and consistency in judicial decisions. Judicial consistency promotes confidence in the system, therefore, there is this need for consistency in the enunciation of legal principles in the decisions of this Court.” (emphasis supplied) 13. ... (No. 1), [1914] 18 C.L.R 54: "In my opinion, it is impossible to maintain as an abstract proposition that Co....

2012 0 Supreme(AP) 719

We, therefore, think that in the circumstances here it would be inappropriate on our part to enter upon an adjudication of these appeals on merits … … . (Para 8) Mamleshwar Prasad and another v. Kanhaiya Lal through L.Rs. ((1975) 2 SCC 232), another decision cited by Sri V. Venkataramana is not directly on the point. We do not intend to detract from the rule that, in exceptional instances, where by obvious inadvertence or oversight a judgment fails to notice a plain statutory provision or obli....

2012 0 Supreme(Kar) 69

Their Lordships held that “Certainty of law, consistency of rulings and comity of courts – all flowering from the same principle – converge to the conclusion that a decision once rendered must later bind like cases. Here we have a decision admittedly rendered on facts and law binds the court on the same points in a later case. Mamleshwar Prasad vs. Kanhaiya Lal, 1975 (2) SCC 232 : AIR 1975 SC 907), followed in Fuerst Day Lawson vs. Jindal Exports Ltd. AIR 2001 SC 2293 cogitat....

2012 0 Supreme(Kar) 67

…… a prior decision of this court on identical facts and law binds the court on the same points in a later case. Here we have a decision admittedly rendered on facts and law binds the court on the same points in a later case. Mamleshwar Prasad vs. Kanhaiya Lal, 1975 (2) SCC 232 : AIR 1975 SC 907), followed in Fuerst Day Lawson vs. Jindal Exports Ltd. AIR 2001 SC 2293 cogitated on the principle of per incuriam. Their Lordships held that “Certainty of law, consistency of rulings and co....

2010 0 Supreme(Del) 99

Their Lordships held that –“Certainty of law, consistency of rulings and comity of courts – all flowering from the same principle – converge to the conclusion that a decision once rendered must later bind like cases. Here we have a decision admittedly rendered on facts and law indistinguishably identical, and that ruling must bind”. ….a prior decision of this court on identical facts and law binds the court on the same points in a later case. We can do no better than reiterat....

2008 0 Supreme(Mad) 3932

The only exceptions to this rule (two of them apparent only) are those already mentioned which for convenience we here summarise: (i) The Court is entitled and bound to decide which of two conflicting decisions of its own it will follow. On a careful examination of the whole matter we have come to the clear conclusion that this court is bound to follow previous decisions of its own as well as those of courts of co-ordinate jurisdiction.