Dismiissed case not to considered at all.
Querist :
Anonymous
(Querist) 05 April 2011
This query is : Open
I a fighting a case in (bombay high court)& a frined of my have give me a case law which was dismissed as it has been written in the last para of the judgment goes in no one's favour & the case is dismissed so i toke that case to my lawyer & he send that we cant take this case as a binding precedent or we cant reliey on his case as it has been dismissed & not in the favour of any one. my lawyer also told me that when any case is dismissed in any court in india it has been said that doctrine of precedent is not applicable to that case because the case is dismissed & not in the favour of any one of the party ? Doctrine of precdent is not applicable to the dismissed case ? is it right or wrong if right can we i have the case law on it which mentioned that dismissed case can be taken as a binding precedent.
thank.
