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Union of India [38] Struck down the 99th Amendment of the Constitution of India and the proposal of the National Judicial Appointments Commission. 1998 In re Special reference 1 [39] Reply by the Chief Justice of India to the questions raised by President of India K. R. Narayanan regarding the Collegium system. M. C. Mehta v. Kamal Nath [40] 1996
It was in this case that the then Chief Justice Koka Subba Rao had first invoked the doctrine of prospective overruling. He had taken import from American law where jurists like George F. Canfield, Robert Hill Freeman, John Henry Wigmore and Benjamin N. Cardozo had considered this doctrine to be an effective judicial tool. In the words of ...
Raj Narain, a Constitution Bench of the Supreme Court used the basic structure doctrine to strike down the 39th amendment. The 39th Amendment was passed in 1975, during The Emergency and placed the election of the President, the Vice President, the Prime Minister and the Speaker of the Lok Sabha beyond the scrutiny of the Indian courts.
Precedent is a judicial decision that serves as an authority for courts when deciding subsequent identical or similar cases. [1] [2] [3] Fundamental to common law legal systems, precedent operates under the principle of stare decisis ("to stand by things decided"), where past judicial decisions serve as case law to guide future rulings, thus promoting consistency and predictability.
OpenAI, however, argues there is 2009 court precedent in India that says merely because an app or webpage is accessible there does not mean judges can get jurisdiction "over a foreign defendant."
The doctrine of precedent developed during the 12th and 13th centuries, [52] as the collective judicial decisions that were based in tradition, custom and precedent. [53] The form of reasoning used in common law is known as casuistry or case-based reasoning.
[1] [2] [3] The doctrine thus forms the basis of the power of the Supreme Court of India to review and strike down constitutional amendments and acts enacted by the Parliament which conflict with or seek to alter this "basic structure" of the Constitution. The basic features of the Constitution have not been explicitly defined by the Judiciary ...
Tort law in India is primarily governed by judicial precedent as in other common law jurisdictions, supplemented by statutes governing damages, civil procedure, and codifying common law torts. As in other common law jurisdictions, a tort is breach of a non-contractual duty which has caused damage to the plaintiff giving rise to a civil cause of ...