Case Laws in India are a juridical tradition, which is the law of precedent. In simple terms, case laws are judicial decisions that affect future cases with similar facts and circumstances. They establish certain rights and obligations that bind future decision-makers and define the limits of their authority.
What is a Case Law?
In India, the term ‘case law’ refers to the law laid down by the courts. It is also known as precedent or common law. Indian case law is based on the English common law system and is rooted in the British colonial era. The main source of Indian case law is judicial precedents, binding on all courts within the same hierarchy.
Precedent is a legal principle that binds courts to follow past decisions in similar cases. In India, precedent is given great weight and followed strictly by the courts. However, this rule has certain exceptions, such as when a Supreme Court decision is clearly outdated or no longer relevant.
The main sources of Indian case laws are reported judgments of the superior courts, which are published in official reports called ‘Reporters’.
In addition to reported judgments, a number of unofficial reports collect and publish judicial decisions. These include the Supreme Court Cases, the SCC Reporter, the AIR Supreme Court Cases and many others. However, these unofficial reports are not binding on the courts and therefore carry less weight than the official reports mentioned above.
How to Find a Case Law?
There is no central repository for Indian case law. However, there are a few ways to find cases from India.
One way to find Indian case law is through an online database such as Westlaw or LexisNexis. These databases allow you to search for cases by country and jurisdiction.
Another way to find Indian case law is through a legal research service such as Justia or JurisPedia. These services provide access to various legal resources, including court opinions worldwide.
Finally, you can try searching for Supreme Court cases on Google Scholar or another online search engine. When searching for cases on Google Scholar, include the keywords "India" and "case law."
How to Read a Case Law?
When researching a legal issue, you'll need to start with the law itself. And when it comes to Indian law that means reading case law. But if you're not a lawyer, reading case law can be daunting. Here's a guide to help you get started.
First, some basics: what is case law? Case law is the collection of judicial decisions on particular issues. These decisions are binding on lower courts and provide precedent for future cases. In India, case law is published in several different official reports, as well as in unofficial reports. The most important official report is the Supreme Court Reports (SCR), which contains the decisions of the Supreme Court of India. Other important official reports include the All India Reporter (AIR) and the Bombay High Court Reports (BHCR).
To find a case, you'll need to know the name of the case and the court that decided it. The best way to find this information is through a legal database such as LexisNexis or Westlaw. Once you have this information, you can look up the full text of the decision in one of the reports mentioned above.
When reading Supreme Court rulings, pay attention to the facts and the legal issues raised. The facts will give you an idea of how the court applied the law to specific circumstances. The legal issues are important because they will help you understand how the court might rule on similar issues in future.
If you're planning on doing business in India, it's important to know the country's case law system. The Indian legal system is based on English common law, but there are also some differences that you should be aware of. This article has provided an overview of what you need to know about Indian case law so that you can be prepared to do business in this country.
The Supreme Court dismissed the bail application of a petitioner, who is an Officer of the office of the Alipore District Judge’s Court, accused of floating a tender without the permission of the District Judge.
During the investigation, it has been found that there were no supplies but entries were affected in the documents of the office.
The Counsel, appearing for the State of West Bengal, opposed the bail application and submitted that the petitioner is not cooperating with the investigation.
Whereas the Counsel, appearing for the petitioner, submitted that he needs time to file a rejoinder.Read More....
Facebook these days printed the first 20 participants of its Oversight Board, an impartial physique that can pass by judgement on Facebook‘s policies, aid in content material moderation, and hear appeals on current decisions.
In theory, it’s a committee that can assist Facebook navigate hard selections of what’s ok to have on the platform, and can overrule even CEO Mark Zuckerberg.
It’ll additionally be funded by way of an impartial $130 million trust.
The board will hear instances in five-person panels and make closing rulings, announcing on its website online that “Facebook have to put in force our decisions, until implementation should violate the law.”Zuckerberg stated in 2018 that the unbiased board would “be centered solely on our community,” adding: “The reason of this physique would be to uphold the precept of giving human beings a voice whilst additionally recognizing the truth of maintaining human beings safe.”In an op-ed for the New York Times, the 4 co-chairs of the board specify that they won’t always be managing each and every attraction or coverage choice to do with Facebook:We will center of attention on figuring out instances that have a real-world impact, are essential for public discourse and increase questions about modern Facebook policies.
But, whilst they don’t say it in so many words, one may want to infer they don’t suppose Facebook should be tons worse off for their assist than it is now.The human beings who’ve as a result a long way been chosen to be on the board have a plethora of tiers and skills that make them perfect for judging subtle social situations.
They consist of the former Prime Minister of Denmark, Nobel Peace Prize and Pulitzer recipients, contributors of worldwide advocacy groups, and more than one regulation professors.
