Case Law

June 8, 2024

Case law in India refers to the body of law developed through judicial decisions of the courts, as opposed to statutes or regulations enacted by the legislative branch. It is also known as judge-made law or judicial precedent. The doctrine of stare decisis, which means to stand by things decided, underpins case law, ensuring consistency and predictability in the legal system. Decisions made by higher courts, such as the Supreme Court of India and High Courts, are binding on lower courts within their jurisdiction. Case law evolves through the interpretation and application of statutory law to specific facts and circumstances, often filling gaps left by legislation. It includes landmark judgments, which set significant legal precedents, influencing future cases and legal principles. In India, case law is a crucial source of law, particularly in areas like constitutional law, civil rights, and common law principles. Legal professionals and courts extensively refer to case law to guide their arguments and decisions, ensuring that the judicial process respects established legal principles while adapting to new challenges and societal changes.


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