Article 199 with the Constitution allows High Court intervention only when "no other adequate remedy is provided by legislation." It really is nicely-settled that an aggrieved person must exhaust available remedies before invoking High Court jurisdiction, regardless of whether Those people remedies suit them. The doctrine of exhaustion of remedies prevents unnecessary High Court litigation. Read more
refers to regulation that will come from decisions made by judges in previous cases. Case law, also known as “common regulation,” and “case precedent,” presents a common contextual background for certain legal concepts, and how They're applied in certain types of case.
V) During investigation, the Investigating Officer concluded that fire-arm injury which was fatal towards the deceased was caused through the petitioner but in support of opinion on the Investigating Officer no iota of evidence is obtainable to the file and mere ipsi dixit of police just isn't binding within the Court.
Rulings by courts of “lateral jurisdiction” are usually not binding, but could be used as persuasive authority, which is to provide substance to your party’s argument, or to guide the present court.
It's now very well-settled that considerations for pre-arrest and post-arrest bail are absolutely different, therefore, within our view the realized Judge experienced fallen in error to cancel the bail allowed to petitioner with the same Additional Sessions Judge.”
four. It goes without indicating that observations made hereinabove are only tentative in nature and strictly confined to your disposal of immediate bail petition.
be founded without an iota of doubt in all other jurisdictions) will be inferred. This is really a horrifying reality, an incredibly low threshold for an offence that carries capital punishment.
Any court could request to distinguish the present case from that of the binding precedent, to reach a different summary. The validity of this kind of distinction might or might not be accepted on appeal of that judgment to the higher court.
The legislation as set up in previous court rulings; like common regulation, which springs from judicial decisions and tradition.
In simple terms, the section states that any person who commits intentional murder shall be subjected towards the death penalty or life imprisonment, along with a potential fine.
Preserving Social Order: By imposing strict penalties for murder, Section 302 PPC reinforces the principle of social order and stability. It demonstrates the commitment with the state to protect its citizens and copyright the rule of regulation.
Generally speaking, higher courts never have direct oversight over the lower courts of record, in that they cannot achieve out on their initiative (sua sponte) at any time to overrule judgments website of the reduce courts.
Persuasive Authority – Prior court rulings that may very well be consulted in deciding a current case. It may be used to guide the court, but is just not binding precedent.
The Roes accompanied the boy to his therapy sessions. When they were told of your boy’s past, they requested if their children were safe with him in their home. The therapist assured them that that they had absolutely nothing to fret about.