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case law

By anirudhmw Aug 27, 2014 592 Words
 LIST OF CASES:
1. Davis v. Johnson,(1978) 2 WLR 182
2. Delhi Transport Corporation v. DTC Mazdoor Cong. and Others, AIR 1991 SC 101 3. All India Reporter Karmachari Singh v.All India Reporter Ltd., AIR 1988 SC 1325 4. Ram Manohar Lohia v.State of UP and others, AIR 1968,Alld. 100 5. Ahmed Khan v. Shah bano Begum, (1985) SCR (3) 844

6. His Holiness Kesavnand Bharti Sripadagalvaru v. State of Kerala, AIR 1973 SC 1461 7. Indira Sawhney v. Union of India, AIR 1993 SC 477
8. Vishakha and others v. State of Rajasthan, AIR 1997 Sc 3011

LIST OF ABBREVIATIONS:

1. SC Supreme Court 2. Art. Article 3. cl. Clause 4. s. Section 5. AIR All India Reporter 6. SCC Supreme Court Cases 7. No. Number 8. C.J. Chief Justice

OBJECTIVE:
To understand what the Case Law is and what is the importance,purpose and history of the same and thereby getting a better understanding of the role and relevence of Case Law in India.

HYPOTHESIS:
Case Law or Common Law is a reported decision given by a court of first instance i.e. Supreme Court or High Court in which there are new interpretations of law and can be cited as precedent in the process of Stare Decisis. Case Law is law developed through decisions of Appellate Courts rather than through legislative statutes or executive branch action.

LITERATURE REVIEW:
So far I have gone through these books :
1. "The Constitution Of India" gives us the basic knowledge of Art. 141 of the constitution which deals with Stare Decisis. 2.”Origins of the Common Law” gives an introductory analysis of the origin and early development of the English Common Law. It provides excellent grounding for the early study of legal history. The author begins with a discussion of the relationship between the early rules of common law and the social order they serve during this period and concludes with an extended commentary on the durability and continued growth of the common law in modern times.

INTRODUCTION:
This project work deals with the importance, purpose and history of Case Law. Case Law or Common Law is law developed by judges through decisions of courts and similar tribunals, as opposed to statutes adopted through the legislative process or regulations issued by the executive branch .Essentially, every country that was colonised at some time by England or the United Kingdom uses common law except those that were formerly colonised by other nations, such as Quebec, South Africa and Sri Lanka, where the prior civil law system was retained to respect the civil rights of the local colonists. India uses common law except in the state of Goa which retains the Portuguese civil code. Guyana and Saint Lucia have mixed Common Law and Civil Law systems. India is a common law country and as such judgements and case law are particularly important as the doctrine of precedent applies. This means that the judgement of each case can bind all subsequent cases depending on the seniority of the court. As such case law becomes part of the law by either setting legal precedents where there is no legislation or interpreting legislation.

RESEARCH METHODOLOGY:
The research methodology adopted for making this project is Doctrinal Method. It is concerned with the analysis of the legal doctrine and how it has been developed and applied. It consists of a complex and in depth analysis of legal reasoning.

TABLE OF CONTENTS:
INTRODUCTION
OBJECTIVE
LITERATURE REVIEW
IMPORTANCE OF CASE LAW
PURPOSE OF CASE LAW
HISTORY OF CASE LAW
CONCLUSION
BIBLIOGRAPHY

BIBLIOGRAPHY:
BOOKS:
‘The Constitution of India: Bare Act’ by A.R. Khan ‘Origin of The Commom Law’ by Arthur R. Hogue

WEBSITES:
http://en.wikipedia.org/
www.supremecourtofindia.nic.in
www.indiankanoon.com

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