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Binding Precedents create “Issue Estoppel”



Binding Precedents create “Issue Estoppel”

Binding Precedents and unambiguous statutory provisions create issue estoppel. Any party is precluded from arguing contrary to what the law is and what the law is laid down. 

In a given case, what a party can only argue is non applicability of statutory provision or the non applicability of precedent itself, to the facts of the case at hand.

If the party is not disputing the application of the statutory provision or the application of precedent, to the facts of the case, then he cannot be heard on the said issue.

When the material facts of the case are not in dispute, then, by applying binding Precedents and unambiguous statutory provisions may result in immediate and easy adjudication of litigation.

Nevertheless, High Courts and SC are always at liberty to deviate from what the law is laid down by themselves, on the grounds of (a) "law being laid down on the erroneous view of law" or (b) "law being laid down over the ignorance of relevant statutory provision or ignorance of earlier binding judgment", or (c) "changed circumstances" and this is how the development of law takes place.

Not all precedents are binding precedents. In the settings of Rule of law, the lower Courts are bound by the law laid down by HCs and SC. Similarly, High Courts are bound by the law laid down by the Apex Court. Equally, a single Bench of the High Court is bound by the decision of the Division Bench and Division Bench is Bound by the decision of the full Bench of three judges. Similarly, Division Bench of the SC is bound by the decisions of the Three judges Bench and three judges Bench is bound by the Constitution Bench Rulings. [(2002) 4 SCC 578; (2008) 10 SCC 1]

Thank you.

Sandeep Jalan
Advocate 
Mumbai. 

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