Judicial Dictionary - P
Judicial Dictionary
Legislative Dictionary
Precedent
| Category | P |
|---|---|
| Title | Precedent |
| Details | Precedent is a judicial decision used as a source of law in later related cases. It is a previous case that is taken as an example in making legal decisions which substantially varies from legal system to legal system like Common law legal system, Civil law legal system, etc, A decision is to be read with reference to the facts and circumstances of the case and not independently of them. [Abdul Gani Talukdar vs. Rushan (1960) 12 DLR 40] If two decisions are inconsistent, the court can choose which to follow. [Wahed Ali Mia vs. Haji Abdul Wahed (1954) 6 DLR 206.] A case is only an authority for what it actually decides. I entirely deny that it can be quoted for a proposition that may seem to follow logically from it. Such a mode of reasoning assumes that the law is necessarily a logical code, whereas every lawyer must acknowledge that the law is not always logical at all. [Shahiullah Kazi vs. A.D.C., (1968) 20 DLR 633] |
| Created On | May 2, 2011, 5:34 AM |
| Hits | 466 |