Jeremy Bentham

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PART-I
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GENERAL INTRODUCTION:
Through the course of this research the researcher hopes to give the reader an insight of nature and scope of “The Doctrine of Precedent”. The researcher in her efforts to understand the Doctrine and its implication divided the research paper in the three parts. In the first part the researcher will look at the meaning and scope of the Doctrine of Precedent. In the second part the researcher looks at the types of Doctrine of Precedent. And in the third part the researcher studies the application of Doctrine of Precedent in India. Thus, by the end of the research paper the researcher hopes to give the reader a better understanding of Doctrine of Precedent.

AIMS AND OBJECTIVES:
Through the course of this research paper the researcher hopes to give the reader an in depth analysis of Doctrine of Precedent.

SCOPE AND LIMITATION:
The research paper offers a comprehensive study of the Doctrine of Precedent and also the application of Doctrine of Precedent in the legal system of India. The paper also gives a brief overview of the short comings and advantages of Doctrine of Precedent.

RESEARCH METHODOLOGY AND RESEARCH TECHNIQUES:

1. Research Methodology:
Doctrinal Research

2. Research Techniques:
Historical Research Approach
Analytical Research Approach
Critical Research Approach

3. Research Tools:
Secondary sources are used viz. Books, Case Reporters, Journals, Websites.

STATEMENT OF HYPOTHESIS:
* Relevancy of Doctrine Precedent in present Indian Legal system.

PART-II
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CHAPTERISATION

1. Introduction………………………………………………………………………5

2. Doctrine of Precedent……………………………………………………………8

i. Introduction

ii. Nature and Scope

iii. Advantages and Disadvantages

3. Types of Doctrine of Precedent…………………………………………………15

i. Introduction

ii. Original Precedent

iii. Condition Precedent

iv. Binding Precedent

v. Persuasive Precedent

4. Application of the Doctrine of Precedent in India………………………………23

5. Conclusion………………………………………………………………………42

CHAPTER-I
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Introduction

It is very difficult, if not impossible, to give a precise definition of Law. Many renowned jurists have held forth their own definitions of the term Law. Law, in the broadest and most comprehensive sense means a set of rules and norms and a standard of pattern of behavior to which every individual of the society has to conform to. Another often quoted, although not widely believed, definition of Law is of that given by Austin according to which Law is the command of the ‘sovereign’.

Sources of law may be classified into Legal and Historical sources as well as Formal and Non-formal sources. Legal sources are those which are recognized as such by law itself. Historical sources are those sources lacking formal recognition by law. The legal sources of law are authoritative and are allowed by the law courts as of right. The historical sources of law are unauthoritative. They influence more or less extensively the course of legal development, but they speak with no authority. All rules of law have historical sources but not all of them have legal sources.

By formal sources it is meant, sources of law which are available in an articulated textual formulation embodied in an authoritative legal document. The chief examples of such formal sources are Constitutions and Statutes, Executive orders, administrative regulations, Ordinances, Charters and by-laws of autonomous or semi-autonomous bodies and organizations, treaties and certain other agreements, and Judicial precedents. On the other hand, Non-formal sources of law are legally significant materials and considerations, which have not received an authoritative or at least articulated formulations and embodiment in a...
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