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Which of the following decisions of a High Court operates as a binding judicial precedent?

Only a decision on a point of law actually argued and considered lays down a binding ratio. Decisions sub silentio or per incuriam, and orders made with the consent of…

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Which of the following decisions of a High Court operates as a binding judicial precedent?

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Correct answer A

Only a decision on a point of law actually argued and considered lays down a binding ratio. Decisions sub silentio or per incuriam, and orders made with the consent of parties, are not binding precedents (Municipal Corporation of Delhi v. Gurnam Kaur, 1989).

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