Case Law Details
Keshav Kanshkar A Class Electrical Contractor Vs Principal Secretary Department of Energy (Madhya Pradesh High Court)
‘Precedent’, refers to a court decision that is considered as authority for deciding subsequent cases involving identical or similar facts, or similar issues. ‘Precedent’, is incorporated into the doctrine of ‘stare decisis’, and requires courts to apply the law in the same manner to cases with the same facts.
‘Judicial precedent’, is the source of law where past decisions create law for Judges to refer back to for guidance in future cases. Meaning of doctrine of “stare decisis” to “stand by decided matters”.
Thus, I am not in a position to agree that merely issuance of a notice by a Coordinate Bench, under which provision of law, can be considered to be a binding precedent as it does not lay down any proposition of law to be followed in future.
Question of judicial discipline will arise when a decision is rendered by a forum of superior or concurrent jurisdiction while adjudicating the rights of the parties to a lis embodying a declaration of law. I do not see any declaration of law in the discretion of a Coordinate Bench to issue notice in the matter.
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