applicability of a judgment in an another identical or similar case

Querist : Anonymous (Querist) 23 June 2011 This query is : Resolved
What is the effect and applicability of of judgement passed in another similar or identical case on same issues and identical subjectmatter. Can a court pass a judgement on the basis of identical previously decided case without trial or evidence.Kindly Advice.

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R.Ramachandran (Expert) 24 June 2011
Please tell your case. Whether it was a suit, writ petition, or appeal?
What is the issue involved?
What is the citation of the decision which was previously decided. Which court had given the previous decision?
Without knowing all these basic facts, it is not possible to give any answer to your query.
I have been repeatedly requesting. The querist must first reveal the facts. Then only post the query. Otherwise, an abstract query will get abstract answer and it will be of no real use to the querist.

prabhakar singh (Expert) 24 June 2011
mr.R.Ramachandran has rightly said,'The querist must first reveal the facts'

Guest (Expert) 24 June 2011
the query is not complete not answerable

Bovan Cherian Varkey (Expert) 24 June 2011
Stare decisis is a legal principle by which judges are obliged to respect the precedents established by prior decisions.

Black's Law Dictionary defines "precedent" as a "rule of law established for the first time by a court for a particular type of case and thereafter referred to in deciding similar cases. i.e. it implies to be bound by one's own decision i.e. to stand by what has been decided earlier.

Constitution of India Article 141: The law declared by the Supreme Court shall be binding on all courts within the territory of India.By this, the judgments of the Supreme Court have a critical impact upon the subordinate courts by way of precedent, provided the facts are applicable to the case in which they are cited.

The subordinate judiciary are expected to apply their minds while considering case law cited by litigants, and not to blindly follow judicial precedent where it has no applicability to the facts of the case under adjudication.

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