RESJUDICATA
It is in the public interest that there should be an end to litigation.
When judge gives his judgement in any case before him ,he make an order which gives effects to his decision as between the parties to the case .This judgement in strict sense is binding only on the parties to case; as between them the issue in dispute are said to be resjudicata.
OBITERDICTA
If a judge thinks it desirable to give his opinion on some point which is not necessary for the decision of the case that of course has not binding weight of the decision of the case
RATIO DECEDENDI OF A CASE:
It is the ratio decedendi of case which makes the decision binding precedent for a future .However grounds of decision is material facts of the case, so that if similar or comparable set of facts come before the court again, so that the new case is on all fours with an earlier case the, court will follow and apply the decision in the earlier case.
STARE DECISIS (to stand by things decided)
Apart from any question as to the courts being of co-ordinate jurisdiction, decision which has been followed for a long period of time and has acted upon by persons in the formation of contracts or in deposition of their property, or in the general conduct of affairs or on legal procedure or in other ways will generally be followed by courts of higher authority than court establishing rule.
The Supreme Appellate Court will, however not shrink from over ruling of decision.
The court must always hesitate to over rule decisions which are not manifestly erroneous and mischievous which have been stood for many years in challenged and which forms their nature of large portion of the community in matters relating to rights of property.
The rule of stare decisis has many exceptions to it and that doctrine can not be allowed to be come a dead hand and the law should not be submerged in still waters in which there are only stagnation and depth. The rule of stare decisis does not apply with same strictness in criminal, fiscal and constitutional matters when question of liberty of subject involved.
JUDGEMENT PER INCURIAM
A decision of the court which is mistaken. A decision of the court is not a binding precedent if percuriam;i.e.with out court’s attention having been drawn to the relevant authorities or statues.
When a particular point in a decision is not taken a notice of and is not argued by counsel ,the court may be decide in favour of one party, where as if all the points had been put forth the decision may have been in favour of the other party .Hence such rule is not an authority on the point which had not been argued and this point is said to pass subsilentio.Hundred precedents subsilentio are not material.
RULE FOR BENEFIT OF DOUBT
It is better than ten guilty persons be acquitted rather than one innocent person be convicted.
Holly Prophet said, mistake of Qazi in releasing a criminal is better than his mistake in punishing innocent.
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