Precedent - Law Dictionary Search Results
Home Dictionary Name: precedentPrecedent
Precedent, a decision is a precedent of its own features. Further, the enunciation of the reason or principle on which a question before a court has been decided is alone binding as a precedent, Uttaranchal Road Transport Corporation v. Mansaram Nainwal, (2000) 6 SCC 366.A precedent acquirers added authority from lapse of time, the longer a precedent has remained unquestioned, the more hard it becomes to reverse it. The courts has to adopt a construction of law, which would inevitably result in upsetting titles long founded on the contrary view, Pratap Bahadur Sahi v. Lakshmidhar Singh, AIR 1946 PC 189: 73 IA 231; Vijaya Charari v. Khubchand, AIR 1964 SC 1099.Precedent, are not an immutable dogma. Courts may evolve principles which are applicable to the facts involved in each case, Rumana Begum v. Government of Andhra Pradesh, 1992 Cr LJ 3512.Means every judgment must be based upon facts, declared by the Indian Evidence Act, 1872 to be relevant and duly proved. But when a Judge, in dec...
precedent
precedent [Middle French, from Latin praecedent- praecedens, present participle of praecedere to go ahead of, come before] : prior in time, order, arrangement, or significance see also condition precedent at condition compare subsequent [pre-səd-nt] n : a judicial decision that should be followed by a judge when deciding a later similar case see also stare decisis compare dictum NOTE: To serve as precedent for a pending case, a prior decision must have a similar question of law and factual situation. If the precedent is from the same or a superior jurisdiction (as the state's supreme court), it is binding upon the court and must be followed; if the precedent is from another jurisdiction (as another state's supreme court), it is considered only persuasive. Precedents may be overruled esp. by the same court that originally rendered the decision. ...
Precedence or precedency
Precedence or precedency, the act or state of going before; adjustment of place.The rules of precedence may be reduced to the following list, in which those marked * are entitled to the rank here allotted them by 31 Hen. 8, c. 10; marked ' by 1 W. & M. c. 1; marked by letters-patent, 9, 10 & 14 Jac. 1, which see in Seld. Tit. of Hon. ii. 5, 46; marked ' by ancient usage and established custom, Camden's Brit., tit. 'Ordines'; Milles's Cat. of Hon. 1610; and Chamberlayne's Prest. St. of Eng., b. 3, c. iii; see 1 Bl. Com. 404.* The King's children and grandchildren.* The King's consort.* The King's uncles.* The King's nephews.* Archbishop of Canterbury (a).* Lord High Chancellor or Keeper, if a baron.* Archbishop of York.Prime Minister.By royal warrant dated December, 1905.* Lord Treasurer.* Lord President of the Council. } barons.* Lord Privy Seal.(a) The judges of assize, while on circuit, take pre-cedence of every subject.*Lord Great Chamberlain.But see Private Stat.1 Geo. 1, c. 3.* Lo...
Rank - Precedence
Rank - Precedence, the word 'rank' in common parlance, as also in English election refers to a position, especially an official one, within a social organisa-tion, of high social order or other standing status. Likewise the word 'precedence' denotes the ceremonial order or priority to be observed on formal occasions, or a right to preferential treatment. In the same strain the word 'primacy' denotes the state of being first in rank or being in formal state i.e., the most important state. Thus it would be seen that not only is the word 'primacy' inextricably linked up with the words 'rank' and 'precedence' but conceptually they all are of the same family and breed, block and substance, Supreme Court Advocates on Record Association v. Union of India, (1993) 4 SCC 441: AIR 1994 SC 268 (445)....
Precedence
The act or state of preceding or going before in order of time priority as one event has precedence of another...
Precedent
Going before anterior preceding antecedent as precedent services...
Precedent condition
Precedent condition, such as must happen or be performed before an estate can vest or be enlarged, or an obligation be performed. See CONDITION PRECEDENT....
condition precedent
condition precedent see condition ...
Precedented
Having a precedent authorized or sanctioned by an example of a like kind...
Precedence
Precedence, denotes the ceremonial order or priority to be observed on formal occasion; or a sight to preferential treatment, S.C. Advocates-on-Records Asson. v. Union of India, AIR 1994 SC 268....
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