The book is a study of the judicial process in India, and addresses serious students of judicial process and such of the Indian lawyers who wish to acquire knowledge of the working of one of the legal material sources of law in the common law world viz., case-law or 'precedent'. It serves to stimulate an awareness of the issues involved, and problems and ways of analyzing and approaching them in the broad field of law, courts, and judges. It goes on to study the role of 'precedent' in the Indian Legal system, and how its various components-rules, people and institutions mutually interact. The author makes allowance for the fact that the readers' knowledge of the subject may vary considerably, and hence treats the subject accordingly. While dealing with the institutional aspects and sociological perspective of stare decisis in the Indian context, the book discusses the complexities of ratio decidendi and styles of judicial law making and law declaring functions of the Supreme Court with extensive discussion of prospective overruling.
The third edition of this scholarly exposition is more exhaustive and comprehensive in its coverage of the subject. The author made sincere efforts to incorporate the latest case law. Hon'ble justice R.C. Lahoti, former Chief Justice of India has quoted this book in his judgments.
The work is a must for the judge on the bench, the practicing lawyer, and the keen student of law. It will be a welcome addition to any law library.
Table of Contents:
Precedent-A Prognosis Introduction 1 Contemporary Perspectives 8 Stare Decisis in the Indian Courts-Industrial Aspects 12 Stare Decisis-A Sociological Perspective 52 Ratio Decidendi and the Structure of Judgments 69 Supreme Court and Overruling of Precedent 114 Judicial Law Making and Prospective Overruling 180 Law declared by the Supreme Court under Article 141 214 Epilogue - Future of the Past 272 BIBLIOGRAPHY 310 SUBJECT INDEX 316
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