Lord Denning
“Every decision is binding no matter whether it is reported in the regular series of Law Reports, or is unreported. Once you have the transcript, you can cite it as of equal authority to a reported decision. It behoves every counsel or solicitor to find, if he can, a case – reported or unreported – which will help him advise or win his case.”
Art. 141 of the present Constitution lays down that the law declared by the Supreme Court shall be binding on all courts within India.
“Theory of Precedent - LAW REPORTING IN INDIA by Mr. M.P. Jain.
Reported Judgements means the judgments which are published in Law Reports. Reported Judgements are those which deal with relevant points and matters and which are significant and has its impact and are considered to be valuable precedents and hence are included in Law Reports.
Unreported Judgements are those which are not considered that important for being getting report or may be the recent Judgement which not yet reported but may be reported later. Unreported judgments are decisions that have not been published in an official law report. Despite this, unreported judgments are useful as they may provide commentary by the Courts on unique issues that have not been discussed in reported judgments.
Case Law
- Dharamraj Bhanushankar Dave v. State of Gujarat
- Court observed that there are no specific provisions pointed out by the petitioner which have been violated by publication
- it would not be covered under the ambit of Article 21 of the Constitution
- reportable or non-reportable is the classification made for the reporting of a judgment in law-reporter and not its publication anywhere else
No comments:
Post a Comment