Law Reporting in England and India
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Law Reporting in England and IndiaHistory and Development of Law reporting in England and India
Name: Amitav Singh
Roll No. 740
History and Development of Law reporting in England and India
“It is not open to the courts in India to question any principle enunciated by this Board, although they have a right of examining the facts of any case before them to see whether and how far the principle on which stress is laid, applies to the facts of the particular case. Nor it is open to them on account of “judicial dignity” or otherwise, to question its decision on any particular issue of facts”
-Mata Prasad v. Nageshwar Sahai, 52 IA, 398, 417
In England, the gradual development of the art of law reporting reflects the growth of the authority of precedent. A court is usually bound by the ratio decidendi of a case which is decided by a higher court, but in case of House of Lords and Court of Appeals they are bound by their own decisions. In several cases, such as, Scruttons, Ltd. v. Midland Silicones Ltd. it was decided that House of Lords can limit or question the ratio decidendi of a previous case. Almost the similar view was held in a case of Chancery Lane Safe Deposit and Offices Company, Ltd. v. Inland Revenue Commissioners, that House of Lords is not bound to follow a previous case only because it was indistinguishable in facts.
In India, however, no such development in the field of law reporting has been recorded as in England. Here courts are bound by the ratio decidendi of every case decided...