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Showing posts from October 6, 2015

Case Laws, approach as to citing

1.      Case laws are very important tools to strengthen and establish our case in the court of law. 2.      Every provision of law guides / mandates / directs the courts of law to adopt certain or set of course of actions which must or preferably be taken in a specific situation. 3.      And therefore, the judges whilst confronting with the factual backdrop of a case, if so necessitated, whilst applying the principles of interpretation of laws, interpret and gather the letter and spirit of the concerned applicable laws, and then having been ascertained, (a) the factual position of the case and (b) the (interpreted) position of law, decide the issue / case before it, one way or the other. Perhaps, this is how precedents of law take birth. 4.      And, it is well settled that it is not everything said by a judge while giving judgment, constitutes a precedent. The enunciation of the reason or principle on which a question before the court has been decided, is alone bi