A judgment of the Supreme Court, whether rendered in personam or in rem, operates as a binding precedent under Article 141 if the Court has evolved a new principle where none existed or has reaffirmed an existing one—and otherwise not. Justice Pardiwala erred in Eminent Colonizers Ltd. in holding that while judgments in rem operate as precedent under Article 141, judgments in personam do not
Mathews J. Nedumpara11th Feb 2026 A judgment of the Supreme Court, whether rendered in personam or in rem, operates as a binding precedent under Article 141 if the Court has evolved a new principle where none existed or has reaffirmed an existing one—and otherwise not. Justice Pardiwala erred in Eminent Colonizers Ltd. in holding that […]