87. Precedents- some guidelines

• Stare decisis is not a dogmatic rule allergic to logic and reason – it does not prohibit a fresh look in changed facts and circumstances - AIR 2006 SUPREME COURT 212 "State of Gujarat v. Mirzapur Moti Kureshi Kassab Jamat"
• -Binding force attaches only to ratio decidendi of a judgment - every observation found in a judgment is not binding. AIR 2006 SC25
• -Decision in election petition - Cannot be treated as judicial precedent. AIR 2006 SC 543
• -Foreign case Law - When Law in India is clear and settled, no occasion arises to rely upon foreign case Law laying down a wider proposition. AIR 2006 SC1148
• A decision is available as a precedent only if it decides a question of law. AIR 2004 SC 2890 "Mehboob Dawood Shaikh v. State of Maharashtra"
• when court based its decision on basis of concession, the decision not a binding precedent AIR 2001 SUPREME COURT 1273 "Kulwant Kaur v. Gurdial Singh Mann"