I have chosen this subject because, in a recent judgment concerning a woman named Priyanka Sharma, the Supreme Court said that its judgment is a special case and not a precedent. I am here not discussing the merit of the case but only the basic legal issue, as to whether a judgment of the Supreme Court can be taken as precedent when all the facts and circumstances of another case are on all fours, even though the Supreme Court has said that it is not a precedent.
The precedent value of a Supreme Court judgment comes not from the judgment itself but from the Constitution. Article 141 of the ...
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