Tuesday, 5 August 2014

Legal value of a judgment of the same court

Often people like to use the judgment of a similar judge in cases of similar nature which is allowed. However, a judge is not bound to decide all cases in the similar manner. Judges and Lawyers both are officers of the court and they are students of law whole their lives. If a judge decides a matter in one way and later on he finds that his decision was not up to the mark, he can decide in accordance with the latest proposition he knows. The point is that the decision of a judge is not binding on himself rather it holds persuasive value.

The countries which are following common law system have the principle of precedent. That means the decision of a superior court is binding on the inferior court. However, principle of precedent is not applicable on a judge in a judgment passed by himself or his predecessor. Similarly its not applicable in cases when the judge is not directly inferior to a court of law. In such cases such decisions only hold persuasive value.

If a judge decides two similar matters in two different ways, it is allowed if legal justification is there. However, if such a judge decides against the interest of justice, then such judge can be taken to task in the appellate court.

If you face any problem related with any judgment of a judge or if you have any case you like to discuss with us, feel free to write us at internationallawyerinfo@gmail.com

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International Lawyer
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Regards,
Salman Yousaf Khan
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International Lawyer
+92-333-5339880