DR.

RAM MANOHAR LOHIYA NATIONAL

LAW UNIVERSITY, LUCKNOW (U.P.)

Session- 2014-15
BASICS OF CASE LAW
CASE LAW: IMPORTANCE, PURPOSE & HISTORY
SYNOPSIS



SUBMITTED TO: SUBMITTED BY:
Mr. Shashank Shekhar Anirudh Pratap Singh
Assistant Professor Roll No. - 26
Department of Law Section - A
Semester- I
ACKNOWLWDGEMENT:
I would like to express my gratitude to all those who helped me in this topic. I extend my
sincere acknowledgements to Mr. Shashank Shekher Sir who gave me the opportunity to
make a project on the topic Case law: Importance, Purpose & History. I am deeply
indebted to him whose help and stimulating suggestion helped me in choosing this topic.
I would also like to help my friends for their constant help and valuable suggestions.
I further extend my thanks to library staff of DR. RAM MANOHAR LOHIYA
NATIONAL LAW UNIVERSITY who helped me in getting all the materials necessary for
the project.
-Anirudh Pratap Singh
Roll No. 26




LIST OF CASES:
1. Davis v. Johnson,(1978) 2 WLR 182
2. Delhi Transport Corporation v. DTC Mazdoor Cong. and Others, AIR 1991 SC 101
3. All India Reporter Karmachari Singh v.All India Reporter Ltd., AIR 1988 SC 1325
4. Ram Manohar Lohia v.State of UP and others, AIR 1968,Alld. 100
5. Ahmed Khan v. Shah bano Begum, (1985) SCR (3) 844
6. His Holiness Kesavnand Bharti Sripadagalvaru v. State of Kerala, AIR 1973 SC 1461
7. Indira Sawhney v. Union of India, AIR 1993 SC 477
8. Vishakha and others v. State of Rajasthan, AIR 1997 Sc 3011


LIST OF ABBREVIATIONS:

1. SC Supreme Court
2. Art. Article
3. cl. Clause
4. s. Section
5. AIR All India Reporter
6. SCC Supreme Court Cases
7. No. Number
8. C.J. Chief Justice


OBJECTIVE:
To understand what the Case Law is and what is the importance,purpose and history of the
same and thereby getting a better understanding of the role and relevence of Case Law in
India.


HYPOTHESIS:
Case Law or Common Law is a reported decision given by a court of first instance i.e.
Supreme Court or High Court in which there are new interpretations of law and can be cited
as precedent in the process of Stare Decisis. Case Law is law developed through decisions of
Appellate Courts rather than through legislative statutes or executive branch action.

LITERATURE REVIEW:
So far I have gone through these books :
1. "The Constitution Of India" gives us the basic knowledge of Art. 141 of the constitution
which deals with Stare Decisis.
2.Origins of the Common Law gives an introductory analysis of the origin and early
development of the English Common Law. It provides excellent grounding for the early study
of legal history. The author begins with a discussion of the relationship between the early
rules of common law and the social order they serve during this period and concludes with an
extended commentary on the durability and continued growth of the common law in modern
times.

INTRODUCTION:
This project work deals with the importance, purpose and history of Case Law. Case Law or
Common Law is law developed by judges through decisions of courts and similar tribunals,
as opposed to statutes adopted through the legislative process or regulations issued by
the executive branch .Essentially, every country that was colonised at some time by England
or the United Kingdom uses common law except those that were formerly colonised by other
nations, such as Quebec, South Africa and Sri Lanka, where the prior civil law system was
retained to respect the civil rights of the local colonists. India uses common law except in the
state of Goa which retains the Portuguese civil code. Guyana and Saint Lucia have mixed
Common Law and Civil Law systems. India is a common law country and as such
judgements and case law are particularly important as the doctrine of precedent applies. This
means that the judgement of each case can bind all subsequent cases depending on the
seniority of the court. As such case law becomes part of the law by either setting legal
precedents where there is no legislation or interpreting legislation.

RESEARCH METHODOLOGY:
The research methodology adopted for making this project is Doctrinal Method. It is
concerned with the analysis of the legal doctrine and how it has been developed and applied.
It consists of a complex and in depth analysis of legal reasoning.

TABLE OF CONTENTS:
INTRODUCTION
OBJECTIVE
LITERATURE REVIEW
IMPORTANCE OF CASE LAW
PURPOSE OF CASE LAW
HISTORY OF CASE LAW
CONCLUSION
BIBLIOGRAPHY

BIBLIOGRAPHY:
BOOKS:
The Constitution of India: Bare Act by A.R. Khan
Origin of The Commom Law by Arthur R. Hogue

WEBSITES:
http://en.wikipedia.org/
www.supremecourtofindia.nic.in
www.indiankanoon.com