-–Contributed by Deepak Miglani

“Precedent” ordinarily means, any decision or a judgment which has a binding force.

Every decision contains three basic postulates which are as given below:-

• Findings of material facts, direct and inferential. An inferential finding of facts is the inference which the judge draws from the direct or perceptible facts.

• Statements of the principles of law applicable to the legal issues raised by the facts of a particular case.

• Judgment based on the combined effect of the above.

A decision is an authority for what it actually decides.The essence in a decision is its ratio.

The enumeration of the reason or principle on which a question before a court has been decided is alone binding as a precedent.