Practicing Success
Practicing Success
CUET Preparation Today
| The Supreme Court in a recent decision has decided that certificate u/s 65 B of Evidence Act is compulsory for admitting any digital evidence during the course of trial. However, the trial court ignored this decision while delivering a verdict involving admission of digital evidences. Which of the following legal maxim has been violated by the lower court? |
Res Judicata Accipitur Pro Veritate Ubi Jus Ibi Remedium Stare Decisis Nemo Debet Esse Judex in Propria Sua Causa |
| Stare Decisis |
| Stare Decisis: The term ‘Stare Decisis’ originates from Latin. It means ‘to abide by things decided.’ The doctrine of Stare Decisis is used by all courts in all cases/legal issues. For instance, if the Supreme Court passes a judgement and it becomes a precedent, then as per the doctrine of Stare Decisis, the lower courts must follow such a judgement. The doctrine of Stare Decisis means that courts refer to the previous, similar legal issues to guide their decisions. Such previous decisions that courts refer to are known as “precedents”. Precedents are legal principles or rules that are created by the decisions given by courts. Such decisions become an authority or an example for the judges to decide similar legal cases/issues in the future. The doctrine of Stare Decisis creates an obligation on courts to refer to precedents when taking a certain decision. The doctrine of Stare Decisis refers to the concept that courts must follow previously made judicial decisions in cases where the same legal issues are brought before them in subsequent matters. |
