CMA Foundation · Fundamentals of Business Laws and Business Communication · Sources of Law
A High Court in Karnataka decides a point of law. In a later case, a subordinate court in Karnataka faces the same point. Under the doctrine of precedent in India, what is the position?
The subordinate court is bound by the High Court's decision. Under the doctrine of precedent, a higher court's ruling on a point of law binds courts below it within its territory. The effect is not limited to the original parties and needs no approval from Parliament.
- AThe subordinate court is bound by the High Court's decisionCorrect
- BThe subordinate court may ignore it as the High Court is not a superior court
- CThe decision binds only the parties to the earlier case
- DThe decision binds only if Parliament has approved it
Explanation
Under the doctrine of precedent (stare decisis), the ruling of a higher court on a point of law binds courts subordinate to it within its territorial jurisdiction. The decision's binding effect is not limited to the original parties and needs no parliamentary approval.
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