Important Legal Definitions
Explore legal terms, clear definitions and practical examples.
Distinguishing a Precedent
Judicial Orders, Injunctions & Precedents
Definition
The judicial technique where a court decides not to apply a cited binding precedent to the case before it, by demonstrating that the material facts of the current case differ substantially from the facts of the earlier decided case.
Example
A High Court distinguishes the Supreme Court ruling in Bhajan Lal regarding quashing of FIRs, pointing out that in the present case, the chargesheet discloses forensic bank trail evidence that was entirely absent in Bhajan Lal.