entire Article 31A was realized to be unassailable based on stare decisis, a quietus that should not allow being disturbed. This was declared during
further uphold the same view as per the doctrine
of stare decisis and precedents in order to maintain certainty of the
law.
Our Conclusion
unamended
Articles 31C of the Constitution-Doctrine of stare decisis,
applicability to Articles 31A & 31 B-House of the People
(Extension of Duration ... Article 31A cannot be upheld by
applying the doctrine of stare decisis, though the Article
has continued to be recognised as valid ever since
that the Full Bench had erred in ignoring the
doctrine of stare decisis, inasmuch as the provision had
received consistent interpretation for a considerable period ... Security Guards Act.
C. As regards the doctrine of stare decisis relied upon by the
appellants, it was pointed out that in both the judgments
explain the legal position with
regard to them.
The Doctrine of Stare Decisis
9) It is a settled principle of law that a judgment, which ... long time, should not be unsettled. The doctrine of stare decisis
is expressed in the maxim "stare decisis et non quieta movere", which
Tribunals under the Act and therefore, the doctrine of stare decisis should
be applied and Sohan Lal decision be upheld.
Shri Sehgal further contended that ... Halsbury's Laws of England, the principle of stare decisis is stated
thus: "The decision which has been followed for a long period
grandfather's estate-Such property, if ancestral
qua his sons-Stare decisis-Rule, when inapplicable.
HEADNOTE:
Under the customary law of the Punjab property ... approved.
The rule of stare decisis is not an inflexible rule and is
inapplicable where the decision is clearly erroneous and
when its reversal does
this score also
that reliance on the doctrine of `stare decisis' may be
apposite. While it is true that the doctrine has no
statutory ... explained the scope of the
doctrine of stare decisis with reference to Halsbury's Laws
of England and Corpus Juris Secundum in the manner
come to & that is the application of the
principle of stare decisis. This question of
adoption, succession, inheritance, etc. does affect
the devolution ... subjects within jurisdiction should not be lightly unsettled. The principle of stare decisis has been recognised by our Ct. in Kashiram v. Pandu
Shushila Kesarbhai And Ors. vs Bai Lilavati And Ors. on 4 May, 1973
Equivalent citations