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s..i..n..g..h.. (member)     02 March 2013

Precedence of ruling: applicability thereof

Dear Sir

I have produced some wonderful judgment with same ratio decidendi to support my case,

Opposite party just says that finding in 482 crpc, article 26 of the constitution, finding in writ has no force (binding or pursuasive precedence) 

My openion is ratio decidendi of any judgment has binding force there may be  some exception( like ex-parte judgment , sub-silentio etc)  but nothing to do with 482 crpc, article 26 of the constitution,  writ etc as raised by opposite party

Please comment



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