Mr. Sajid Rahman, B. Com, LL.M.

(Corporate & Commercial Law)

Ph.D. Research Scholar (NLUJAA)

*** The notes are a brief overview. Add more case studies, examples etc. subject to availability.
Unit 1
A. Sources of Law
Introduction
The word ‘Jurisprudence’ is derived from the Latin word jurisprudentia, which means
science or knowledge of law. It is a very vast area of study and it consists of several ideologies
and theories on how law has been made. It also includes the relationship of law with individuals
and other social institutions within the scope of its study. There are various sources from which
we derive law. Several jurists and scholars have attempted to classify the sources of law.
However, the most common sources in all these classifications are legislations, judicial
precedents, and customs.
John Salmond, a legal scholar renowned for his ideologies on law in the field of
jurisprudence, classified the sources of law into mainly two categories,i.e., i) Formal sources
and ii) Material sources
i) Formal sources
Formal sources of law are the instruments through which the state manifests its will. In
general, statutes and judicial precedents are the modern formal sources of law. Law derives its
force, authority, and validity from its formal sources.
According to Keeton, the classification given by Salmond was flawed. Keeton
classified sources of law into the following:
▪ Binding sources
Judges are bound to apply such sources of law in cases. Examples of such sources are
statutes or legislation, judicial precedents, and customs.
▪ Persuasive sources
Persuasive sources are not binding but are taken into consideration when binding
sources are not available for deciding on a particular subject. Examples of such sources are
foreign judgements, principles of morality, equity, justice, professional opinions, etc.
ii) Material sources
Material sources of law are those sources from which the law gets its content or matter,
but not its validity. There are two types of material sources which are historical sources and
legal sources.
▪ Historical sources
Historical sources are sources that influence the development of law without giving
effect to its validity or authority. These sources influence legal rules indirectly. The difference
between legal and historical sources is that all laws have a historical source but they may or

The notes provided here is for educational purpose only and fair use is permitted by copyright statute.
 Mr. Sajid Rahman, B. Com, LL.M. (Corporate & Commercial Law)
Ph.D. Research Scholar (NLUJAA)

may not have a legal source. Decisions given by foreign courts serve as an example for this
kind of source.
▪ Legal sources
Legal sources are the instruments used by the state which create legal rules. They are
authoritative in nature and followed by courts of law. These are the sources or instruments that
permit newer legal principles to be created. According to Salmond, legal sources of English
law can be further classified into three categories-
a) Legislation,
b) Precedent,
c) Customary law, and

a) Legislation as a source of law

Legislation refers to the rules or laws enacted by the legislative organ of the
government. It is one of the most important sources of law in jurisprudence. The word
legislation is derived from the words legis and latum, where legis means law and latum means
making.
Types of legislation
According to Salmond, legislation can be classified into two types- Supreme and
Subordinate.

1. Supreme legislation

Legislation is said to be supreme when it is enacted by a supreme or sovereign law-

making body. The body must be powerful to the extent that the rules or laws enacted by it
cannot be annulled or modified by another body. Indian Parliament cannot be said to be a
sovereign law-making body as the laws passed by the parliament can be challenged in the
courts. The British Parliament, on the other hand, can be said to be a sovereign law-making
body since the validity of laws passed by it cannot be challenged in any court.

2. Subordinate legislation

Legislation enacted by a subordinate law-making body is said to be subordinate

legislation. The subordinate body must have derived its law-making authority from a sovereign
law-making body. It is subject to the control of the supreme legislative body. The following
are the different kinds of subordinate legislation:

• Executive legislation: This is a form of subordinate legislation where the executive is

granted or conferred certain rule-making powers in order to carry out the intentions of
the legislature.

The notes provided here is for educational purpose only and fair use is permitted by copyright statute.
 Mr. Sajid Rahman, B. Com, LL.M. (Corporate & Commercial Law)
Ph.D. Research Scholar (NLUJAA)

• Colonial legislation: Many territories across the globe were colonised by Britain and
such territories were called colonies. The legislation passed by the legislature of such
colonies was subject to the control of the British Parliament.
• Judicial legislation: Courts also have a role in enacting laws that aid in regulating the
internal affairs and functioning of courts.
• Municipal legislation: Municipal authorities also possess the law-making power as
they enact bye-laws.
• Autonomous legislation: Another kind of legislation is autonomous legislation, which
is concerned with bodies like universities, corporations, clubs, etc.
• Delegated legislation: Sometimes legislative powers may be delegated to certain
bodies by the parliament through principal legislation. A principal act may create
subsidiary legislation that can make laws as provided in the principal legislation.

b) Precedent as a source of law

Judicial precedents refer to the decisions given by courts in different cases. A judicial
decision has a legal principle that is binding on the subordinate courts. Once a court has
delivered a judgement on a particular case, the courts subordinate to it must abide by the
precedent while deciding on similar cases with similar facts. Some of the most influential
judicial precedents in India are the following:
i. Kesavananda Bharati v. the State of Kerala (1973): This case is what introduced the
concept of the basic structure doctrine in India, protecting the fundamental features of
the Indian Constitution from being removed.
ii. Gian Kaur v. the State of Punjab (1996): This judgement affirmed that the right to die
does not come within the scope of Article 21 of the Indian Constitution. The court
affirmed that every person has the right to die with dignity. The court also stated that
the right to die in a dignified manner is not the same as the right to die in an unnatural
way.
iii. Maneka Gandhi v. the Union of India (1978): The court held Section 10(3)(c) of the
Passports Act, 1967 as void since it violated Article 14 and 21 of the Indian
Constitution.
iv. Indra Sawhney v. the Union of India (1992): This judgement set a ceiling of 50% for
reservation of backward classes. It also held that the criteria of classifying groups as
backward classes cannot be limited to economic backwardness.
▪ The doctrine of Stare Decisis
The authority of judicial precedents is based on the doctrine of stare decisis. The term
stare decisis means to not disturb the undisturbed. In other words, precedents that have been
valid for a long time must not be disturbed.

The notes provided here is for educational purpose only and fair use is permitted by copyright statute.
 Mr. Sajid Rahman, B. Com, LL.M. (Corporate & Commercial Law)
Ph.D. Research Scholar (NLUJAA)

In India, subordinate courts are bound by the precedents of higher courts, and higher
courts are bound by their own precedents. But when it comes to High Courts, the decision of
one High Court is not binding on the other High Courts. Their decisions are binding on the
subordinate courts. In cases where there are conflicts between decisions of court with the same
authority, the latest decision is to be followed. As per Article 141 of the Constitution of India,
the Supreme Court’s decisions are binding on all the courts across the country. However, the
Supreme Court’s decisions are not binding on itself. In subsequent cases where there are
sufficient reasons to deviate from the earlier decision, the Supreme Court can do so.
▪ Doctrine of Res Judicata
The term res judicata means subject matter adjudged. As per this doctrine, once a
lawsuit has been decided upon, the parties are barred from raising the same issue in courts
again, unless new material facts have been discovered. They can’t raise another issue arising
from the same claim either since they could have raised the same in the previous suit.
▪ Ratio Decidendi
As per Salmond, a precedent is a judicial decision that contains a legal principle with
an authoritative element called ratio decidendi. Ratio decidendi means reason for the decision.
Whenever a judge gets a case to decide on, he has to adjudicate it even when there is no statute
or precedent concerning it. The principle that governs such a decision is the reason for the
decision which is also called ratio decidendi.
▪ Obiter Dicta
The term obiter dictum means mere say by the way. This term is used to refer to
statements of law that are not required for the case at hand. A judge may in the judgement of a
case declare some legal principles to be applied in a hypothetical situation. It does not have
much impact or authority. However, the subordinate courts are bound to apply the principles.
Types of precedents
▪ Authoritative and Persuasive
Authoritative precedents are those precedents that must be followed by subordinate
courts whether they approve of it or not. They create direct and definite rules of law. They fall
into the category of legal sources of law. Persuasive precedents on the other hand do not create
a binding obligation on the judges. Persuasive precedents can be applied as per the discretion
of the judge. Authoritative precedents can be classified into the following two types:
Absolute authoritative: An absolutely authoritative precedent is binding on subordinate
courts in an absolute manner and it cannot be disobeyed even if it is wrong.
Conditional authoritative: A conditionally authoritative precedent is binding on other
judges but it can be disregarded in certain special circumstances as long as the judge shows the
reason for doing so.
▪ Original and Declaratory

The notes provided here is for educational purpose only and fair use is permitted by copyright statute.
 Mr. Sajid Rahman, B. Com, LL.M. (Corporate & Commercial Law)
Ph.D. Research Scholar (NLUJAA)

According to Salmond, a declaratory precedent is a precedent that simply declares an

already existing law in a judgement. It is a mere application of law. An original precedent
creates and applies a new law.
Factors increasing the authority of a precedent

i. The number of judges constituting the bench that makes the decision.
ii. A unanimous decision has more weight.
iii. Approval by other courts, especially the higher courts.
iv. The enactment of a statute that carries the same law subsequently.

Factors decreasing the authority of a precedent

i. Abrogation of judgement by reversal or overrule of a higher court.

ii. Abrogation of judgement by a statutory rule enacted subsequently.
iii. Affirmation or reversal of decision on a different ground.
iv. Inconsistency with the previous decision of a higher court.
v. Inconsistency with previous decisions of the court of the same rank.
vi. Inconsistency with already existing statutory rules.
vii. Erroneous decision.

c) Custom as a source of law

Custom refers to the code of conduct that has the express approval of the community
that observes it. In primitive societies, there were no institutions that acted as authority over
the people. This led to people organising themselves to form cohesive groups in order to
maintain fairness, equality, and liberty. They started developing rules with coordinated efforts
to make decisions. They eventually started recognising the traditions and rituals practised by
the community routinely and formed a systematised form of social regulation. In India, laws
relating to marriage and divorce are mostly developed from customs followed by different
religious communities. Additionally, several communities belonging to the Scheduled Tribes
category have their own customs related to marriage. As a result of that Section 2(2) of the
Hindu Marriage Act, 1955 has exempted Scheduled Tribes from the application of this Act.
Requisites of a valid custom

i. Reasonability: The custom must be reasonable or practical and must conform with the
basic morality prevailing in the modern-day society.
ii. Antiquity: It must have been practised for time immemorial.
iii. Certainty: The custom must be clear and unambiguous on how it should be practised.
iv. Conformity with statutes: No custom must go against the law of the land.
v. Continuity in practice: Not only the custom must be practised for time immemorial,
but it should also be practised without interruption.
vi. Must not be in opposition to public policy: The custom must adhere to the public
policy of the state.

The notes provided here is for educational purpose only and fair use is permitted by copyright statute.
 Mr. Sajid Rahman, B. Com, LL.M. (Corporate & Commercial Law)
Ph.D. Research Scholar (NLUJAA)

vii. Must be general or universal: There must be unanimity in the opinion of the
community or place in which it is practised. Hence, it should be universal or general in
its application.

Types of customs
▪ Customs without a binding obligation
There are customs that are followed in society that do not have a legal binding force.
Such customs are related to clothing, marriage, etc. Not abiding by such customs can only
result in a social boycott and not legal consequences.
▪ Customs with a binding obligation
Customs that are meant to be followed by law are called customs with a binding
obligation. They are not related to social conventions or traditions. There are mainly two types
of customs with binding obligations- Legal customs and Conventional customs.
i. Legal customs: Legal customs are absolute in sanction. They are obligatory in nature
and attract legal consequences if not followed. Two types of legal customs are general
customs and local customs. General customs are enforced throughout the territory of a
state. Local customs on the other hand operate only in particular localities.
ii. Conventional customs: Conventional customs are those customs that are enforceable
only on their acceptance through an agreement. Such a custom is only enforceable on
the people who are parties to the agreement incorporating it. Two types of conventional
customs are general conventional customs and local conventional customs. General
Conventional Customs are practised throughout a territory. Local Conventional
Customs on the other hand is restricted to a particular place or to a particular trade or
transaction.
Conclusion
Sources of law in jurisprudence can be classified on the basis of several grounds. But the
most notable or common classification divides it into legislation, precedent, and custom.
Precedent refers to the previous judicial decisions. The legislation refers to the statutory rules
enacted by the legislature. Custom refers to the age-old practises of a community that has
solidified its presence so much that it becomes the law. Though legislation seems to be the
agency through which we get laws, it is just the primary source. Many laws that we have are a
reflection of what we as a society have followed for generations. Also, many cases show how
sometimes the law of the land is inadequate or incapable of predicting what issues could arise
in subsequent disputes. This calls for the judiciary to elaborate or interpret the law of the land,
setting judicial precedents for several issues.

The notes provided here is for educational purpose only and fair use is permitted by copyright statute.
 Mr. Sajid Rahman, B. Com, LL.M. (Corporate & Commercial Law)
Ph.D. Research Scholar (NLUJAA)

B. Law and its Types

Introduction
A person is a social human being living in the group, called society. He has to do various
activities for his livelihood. Some activities are good or some are bad. In other words, some
are beneficial for the society and some are harmful to the society. To regulate the activities of
human behavior a group of set activities is introduced by regulatory authorities so that no one
could harm the other one, this set of rules is called Law.
Meaning of Law
Law is a set of rules that are established and imposed by an individual country or society
with social or governmental institutions to govern the activities of its members.
Types of Law
For simplified comprehension, different types of law have been categorised into four
major categories –
1. Common Law
It is sometimes referred to as judicial precedent, judge-made, or case law. It is a law
from judicial decisions rendered by courts and comparable authorities. It is, as the name
suggests, universal. One-third of the world’s population now lives in common law jurisdictions
or systems. The legislation governing civil and criminal justice, such as the Indian Penal Code
of 1860, the Indian Evidence Act of 1872, the Code of Criminal Procedure 1973, and the Code
of Civil Procedure 1908 that we have today were essentially drawn from Common Law.
It is described as a set of legal norms established by judges after the conclusion of cases,
as opposed to rules and laws established by the legislature or in official statutes. A regulation
that a court made the people obligated to read contracts is an example of common law.
2. Civil Law
Civil law is best described as looking at conduct that is not a crime. The Civil Procedure
Code (CPC) governs how civil courts operate. It is a branch of law that deals with
disagreements between individuals and organisations. Individuals must solve their own
problems by going to court on their own or with the assistance of a lawyer. It could be issues
related to property, religion, family feuds, or any such disagreement.
For example, a vehicle accident victim may sue the driver for loss or harm received in
the accident, or one firm may sue another for a business disagreement.
Features of Civil Law
▪ Civil law being so dynamic is stuck with many varied features and distinguishing
essentials which are as follows –
▪ Civil law is a branch of law in which cases are tried under Civil Courts and Tribunals
relating to that.

The notes provided here is for educational purpose only and fair use is permitted by copyright statute.
 Mr. Sajid Rahman, B. Com, LL.M. (Corporate & Commercial Law)
Ph.D. Research Scholar (NLUJAA)

▪ The damages caused to either of the parties are resolved by paying them an amount of
money and not through imprisonment.
▪ They are a set of codified laws and decisions which are binding on the parties involved.
▪ Civil law is greatly inclined towards contractual obligations as contract law is the major
branch of the same.
Branches under Civil Law
Following are the branches available under Civil laws –
▪ Contract Law
The Contract law is one of the most widely practised and used civil laws. A contract
law includes legally enforceable agreements and contracts and provides effective remedies and
procedures for enforcing contractual relations in general. It provides pertinent remedies for
breach of contract and how an injured party can seek relief from the court of law. It is a very
commonly used branch under Civil law. The statute governing Contract law is the Indian
Contract Act,1872. The Contract Act regulates all the legally enforceable contracts and
explains what contracts are valid and which are not.
▪ Tort Law
Tort law is also a widely used branch of Civil law. Tort in Common Law jurisdiction is
Civil law. It includes damage or harm caused by a person to another person which creates a
legal liability towards the person who has caused harm to the other party. The aggrieved person
can claim damages from the other person who committed a tortious act. It can include acts like
negligence, trespass, invasion of privacy. Most of the tort law is uncodified and doesn’t have
any prominent statute regulating it.
▪ Family Law
Family law is the law governing domestic relations. It governs laws in family
matrimonial matters. It includes matters like adoption, wills, divorce, marriage etc., the family
matters can sort for proper court proceedings or mediation upto their choice. The Family law
is governed by a bunch of statutes like – Hindu Marriage Act, 1955; the Special Marriage Act,
1954; Parsi Marriage and Divorce Act, 1839, Dissolution of Muslim Marriage Act, 1939,
Hindu Succession Act, 1925.
▪ Administrative Law
Administrative law is the division of Civil law that governs the activities of branches
of government. Administrative law is related to executive branch rulemaking, adjudication or
enforcement of laws. Civil law countries have specialized administrative courts that review
these decisions. Administrative law deals with making decisions for the units of government.
▪ Business/ Corporate/ Commercial Laws
Business laws are the laws that revolve around business and commerce. This branch of
Civil law deals both with public and private laws. It applies rights, regulations, laws and duties

The notes provided here is for educational purpose only and fair use is permitted by copyright statute.
 Mr. Sajid Rahman, B. Com, LL.M. (Corporate & Commercial Law)
Ph.D. Research Scholar (NLUJAA)

related to commerce and business. The corporate section of the Civil law is responsible for
laws related to companies. It regulates the formation, dissolution, investments of the business
or the company. Some of the legislation regulating business and corporate laws are the
Companies Act, 1956, Sales of Goods Act, 1930, SARFAESI Act, 2002, Indian Partnership
Act, 1932.
▪ Code of Civil Procedure, 1908
Code of Civil Procedure, 1908 is the law that is behind the procedure of civil
proceedings. The institution of a case is explained in the Code of Civil procedure (CPC) and
other procedures related to Civil Law. The code is divided into two parts – the first containing
158 Sections and the second part containing the 1st Schedule which has 51 Orders and Rules.
All the proceedings under Civil law must be in accordance with CPC for taking action in the
Court. CPC is an important tool for Civil litigation. Budding lawyers to specialise in Civil law
must be thoroughly well versed with it.
There are many more branches of Civil law that are commonly seen in the legal
profession like Tax law, Property law, Media/Entertainment law, Sports law etc.
3. Criminal Law
The name implies that the police department is entirely responsible for enforcing this
rule. This law is designed to minimise crime in society. Certain crimes, including robbery,
murder, kidnapping, rape, and so on, shall be prosecuted and punished in accordance with
criminal law. The Indian Penal Code, the Indian Evidence Act, and the Code of Criminal
Procedure declare it. Criminal law is primarily concerned with public service rather than
private investigations.
For instance, if a thief takes a car, the remaining vehicle owners will get concerned and
file a complaint. As a result, this complaint will be seen as representing the majority of the
public’s viewpoint.
Features of Criminal Law
▪ Cases under Criminal law are tried under Criminal Courts or Sessions Court.
▪ The harm done to a person is justified by providing equivalent punishments to the
perpetrator.
▪ It creates a public offence against the public interest and not a private liability.
▪ It is an infringement of public rights.
Acts under Criminal Law
Unlike Civil law, Criminal law is not varied as such into branches but it has some very
important procedural and regulating acts which are required pertinent for being considered as
a criminal case. These acts govern all the rules and regulations for criminal acts. Following are
the acts under Criminal law –
▪ The Indian Penal Code, 1860

The notes provided here is for educational purpose only and fair use is permitted by copyright statute.
 Mr. Sajid Rahman, B. Com, LL.M. (Corporate & Commercial Law)
Ph.D. Research Scholar (NLUJAA)

The Indian Penal Code (IPC) is the official code for criminal law in India. IPC is the
substantive law of India The Code contains all the offences that are constituted as crimes in
India. It explains all the crimes, their essentials and the mentioned punishments for the same.
Every crime ever committed in the history of India is mentioned under this code. This Code
was created by the recommendations of the First Law Commission of India. The Code contains
23 chapters and 511 Sections in total.
▪ The Code of Criminal Procedure, 1973
The procedure for criminal law is mentioned in the Code of Criminal Procedure (CrPC).
It governs the procedural administration of the substantive laws. It also provides information
and procedure for the investigation of crime, apprehension of crime, collectiction of evidence,
direction for guilty or innocent and provides direction towards the punishment as well. The Act
contains 565 Sections, 5 Schedules and 56 forms.
▪ The Indian Evidence Act, 1872
The Evidence Act, 1872 provides for the admissibility of evidence in the court of law.
It mentions the way evidence is collected and what types of admissible evidence are present.
The Evidence Act also mentions details about the relevancy of facts and how they can be a
crucial element in proving the existence of a crime. It gives immense importance to the series
of facts committed and all the evidence recorded amidst it. It contains a total of 167 Sections.
4. Statutory Law
Legislative law is the more common term for statutory law. Statutory law is the kind of
law framed by multiple legislative entities formally in writing. Following the amendments and
changes in societal mindset, these laws are subject to amendment after in-depth assessment
under supreme and subordinate legislation. The legislative assemblies have the authority to
create, amend, seek approval and pass these laws following their alignment with the modern
legal framework.
State-established legal drinking age or imposed penalties for exceeding the given speed
limits by riders in traffic framed as a traffic law are a few examples of statutory law.
Conclusion
The law is an action plan to be followed when an offence occurs by breaching the rights
granted to Indian citizens. In India, the people gained clarity on four sorts of laws and instances.
Aside from these four kinds of laws, there are various amendments and changes that keep
occurring under the umbrella of Indian law. These statutes are constantly updated in response
to new offences.

The notes provided here is for educational purpose only and fair use is permitted by copyright statute.
 Mr. Sajid Rahman, B. Com, LL.M. (Corporate & Commercial Law)
Ph.D. Research Scholar (NLUJAA)

Difference Between Civil Law and Criminal Law

The following table gives detailed difference between the civil law and criminal law-

S.no Parameters Civil Law Criminal Law

Civil law deals with acts related Criminal law deals with a crime that causes
to individuals to which harm damage to a person which is an offence
1. Meaning caused can be repaid by against society as well. The relief of crime
compensation or monetary committed is to charge the person with
relief. Imprisonment.
It creates a private liability
It creates a liability for the preparator against
2. Liability against an individual or an
society and the victim.
organisation.
Justice is given by providing
Justice is given by providing the accused
3. Punishment monetary relief against the
imprisonment for a term or fine or both.
damages in most cases.
Cases under Civil law are triable
Cases under Criminal law are tried under
4. Triable under Civil Court or equivalent
Criminal Court or Sessions Court.
tribunals.
Objective of Civil law is dispute Objective of Criminal law is providing justice
5. Objective
resolution between Individuals to the victim by punishing the accused.
Procedural
6. Code of Civil Procedure, 1908 Code of Criminal Procedure, 1973
Law
Gravity of
7. Less grave than Criminal More grave than Civil
offences
Filing of the In Civil Cases the aggrieved In Criminal Cases, the government files on
8.
case party files the case behalf of the victim
Normally in Civil Cases, the case In Criminal Cases, the case needs to be
9. Registration can be directly filed to the registered in the police office before the court
Court. directly
10. Infringement Infringement of private rights Infringement of public rights
Corporate law, Family law,
11. Branches Property law, Media law, Sports No diversion as such
law etc.
Examples of Negligence, Invasion of privacy,
12. Murder, Rape, Kidnapping, theft etc.
Acts Trespass etc.

The notes provided here is for educational purpose only and fair use is permitted by copyright statute.
 Mr. Sajid Rahman, B. Com, LL.M. (Corporate & Commercial Law)
Ph.D. Research Scholar (NLUJAA)

C. Case Law Technique in Legal Research

Introduction
Legal research is a systematic finding or ascertainment of law on an identified topic or
in a given area. Additionally, it is a legal inquiry into the existing scholarship to advance the
science of law.
Case law technique and analysis is a prerequisite in the process of legal research. The
method of acquiring this skill starts as soon as one embarks upon the journey of learning,
studying, exploring and most importantly applying the law in a practical scenario.
Reading a case law, comprehending the rationale behind the decision and relating it to
the present case to build a compelling and coherent argument is a skill every lawyer not only
aspires to acquire. In order to become proficient and accomplished in their chosen profession,
every lawyer must be skilled in finding relevant case laws through different means. One can
learn several legal research techniques to find relevant case laws in legal databases.
Case Law Technique in Legal Research

Much like our civilization, law is dynamic. It works within the intricate social system.
The law regulates and shapes social standards and attitudes. The fact that these norms are
dynamic and shift over time and place, however, makes it crucial for the law to be flexible
enough to keep up with social change.

In this case, legal research is crucial for determining the law, resolving any ambiguities,
finding any areas of weakness, and critically analysing the order to ensure consistency,
coherence, and stability in the law, among other things. Research in the field of law is done for
a variety of reasons.

The act of conducting research entails gathering data on a topic and then examining it
for the purpose of gaining new knowledge. From reading various opinions of different cases to
focusing on a related question and then finding appropriate answers, these approaches or
methods define what are referred to as “research techniques.” The methods used in social
sciences study serve as the general framework for law. The complexity of the laws and
regulations, however, causes an increase in the number of sources used when conducting the
study. The most common type of legal research is called doctrinal research, in which the
researcher examines laws, legislations, case laws, amendments, and other documentary pieces
of evidence without actually going outside to the real world to conduct the research. Three
categories can be used to categorise the sources of legal study, and the development of
technology has given these sources a digital form.

Case laws are the primary sources, i.e., the most original source, used in all legal
research methodologies. Each branch of government produces a different type of law. Case
law is the body of law developed from judicial opinions or decisions over time (whereas
statutory law comes from legislative bodies and administrative law comes from executive
bodies).
The case law technique in legal research methodology studies judicial opinions or
decisions, and it is the technique of finding relevant legal precedents and principles. This is

The notes provided here is for educational purpose only and fair use is permitted by copyright statute.
 Mr. Sajid Rahman, B. Com, LL.M. (Corporate & Commercial Law)
Ph.D. Research Scholar (NLUJAA)

more challenging than it sounds because finding applicable case laws from legal databases is
confusing and time-consuming, if the researcher is not well-versed with the tools.

Like legislation, case law can also be challenged and consequently change over time,
as per the changing needs of the society. An earlier decision does not guarantee that it will
always remain the law of the land.

Therefore, a lawyer must be skilled at finding, reading, and ascertaining the relevance,
applicability and legal standing of any case law at a given point of time. . Thus, the importance
of case law technique in legal research is quite significant as there can be no legal research
without delving deep into judicial decisions.

Case Law Techniques of legal research or How to Do Legal Research for Case Laws ?

Finding and evaluating legal material is the process of conducting legal research in
order to support legal arguments or to make well-informed decisions. The methods for
conducting legal study are as follows:

1. Finding the legal problem: Determining the legal problem that needs to be
researched is crucial before beginning the study. This aids in focusing the investigation’s
subject matter and locating pertinent legal resources.

2. Before the time of the web, legal databases were in the form of multi-volume bulky
books and digests. Researchers had to locate the cases manually with the help of case citations
which was extremely time consuming. Though these periodicals are still available, online legal
databases have overpowered them owing to their easy accessibility and time-saving tendency.

The Offline Tools for Legal Research

The researcher can locate case laws using the citations in printed law reporters. For
example, the citation of a case is AIR 2017 SC 57, here the name of the Law Reporter in which
the case law is published is AIR (All India Reporter), the year of the judgment is 2017, SC
(Supreme Court) is the name of the Court, and the page number of the printed reporter on
which the judgment can be found is 57.

The format of citation differs for every law reporter. Thus, the first step for locating the
proper case law using citation is to decode the name of the law reporter.

The law reporters also categorize all the case laws. Thus, if the researcher does not
know the case citation, they can find the case law as per its category.

The Offline Tools:

▪ The Supreme Court Reports (SCR)
▪ All India Reporter (AIR)
The Online Tools for Legal Research

The notes provided here is for educational purpose only and fair use is permitted by copyright statute.
 Mr. Sajid Rahman, B. Com, LL.M. (Corporate & Commercial Law)
Ph.D. Research Scholar (NLUJAA)

Using online tools for finding case laws is relatively easy. Even if the researcher does
not know the name, citation, or year of the judgment, they can still find the same or similar
judgments.

Online Tools:
▪ Supreme Court of India at main.sci.gov.in.
▪ Judgment Search Portal at judgments.ecourts.gov.in.
▪ SCC Online at www.scconline.com.
▪ AIROnline at www.aironline.in
▪ Manupatra at www.manupatrafast.com.
▪ Indian Kanoon at indiankanoon.org.
What are the Methods of Locating Relevant Case Laws?
A researcher can locate relevant case laws if they know either of the following:
▪ Citation
The identity of the case in law reporters, usually denoted in a combination of words &
numbers.
For example: (1973) 4 SCC 225; AIR 1973 SC 1461
▪ Case number
The official number the Court gives to a particular case.
For example: W.P.(C) 135 OF 1970
▪ Name of the Parties
Either party’s name can be used for finding the case law.

For example: Petitioner’s name- Kesavananda Bharati Sripadagalvaru

Respondent’s name- State of Kerala

▪ Jurisdiction
A researcher can filter their finding by deciding which Court’s judgment they want to
look for.
▪ Statutes
A researcher can refer to various statute-based legal databases while finding a case law
pertaining to a particular statute.
For example: The Labour Law Reporter publishes judgments specifically related to the
Labour Laws of India.
3. Expert consultation: Lastly, to gain specialised knowledge or insights on a specific
legal problem, it may be necessary to speak with subject-matter authorities. Attorneys, teachers
of law, and other legal experts may fall under this category.
Importance/Significance/Relevance of Case Law Technique in Legal Research

The notes provided here is for educational purpose only and fair use is permitted by copyright statute.
 Mr. Sajid Rahman, B. Com, LL.M. (Corporate & Commercial Law)
Ph.D. Research Scholar (NLUJAA)

The importance of case law can be viewed as follow:

i. Case Law Can Fulfill the Gaps and Lapses of the Legislation
As discussed case law is considered as the primary authority in Legal source. Therefore
the Researcher can use case Law with Legal validity. If sometimes the Legal Researcher cannot
get particular Legislation regarding their research issue then they are illegible to use Case Law
as a primary source as to Legislation.
ii. Case Law is Flexible to Use in the Research
Case Law is more flexible than Legislation. It remains in living contact with the reason
and justice of the matter. Because of this nature, the researcher can use case law in their
research. Case Law is more satisfying, more perfect, and more workable. Thus the researcher
can easily determine the legality of the case law and will be able to use it in a proper manner.
iii. Stability
Case law promotes sense stability. The researcher can decide litigated disputes from the
previous decision. Appellate courts must follow the precedent in the same case.
iv. Predictability
Researchers can not predict the case without studying the case law but after studying
the case law every researcher can predict what court will decide?
v. Fairness
Case law gives a sense of fairness. In deciding, case appellate judges base their
reasoning in statutes or previously decided cases. So its benefit is very high.
vi. Binding Authority to Support the Argument
The nature of Case Law is binding in the Legal field. Case Law is the primary authority
of the legal source of Law. The decision made by the court is binding but not whole the fact,
issue, and another component rather the lower court have to follow the legal principle.
vii. Persuasive Authority Helps to Enrich the Argument
Lower Court produces judgments as well as precedents as superior Court but they do
not consist of Legal validity or binding authority in Legal Source. Such precedents are
considered as opinions of the superior Court. However such precedents are persuasive for the
superior Court. The Legal researcher can do it in the same way. Considering the persuasive
nature of the case Law produced by the lower court. The legal Researcher can use such case
Law to reach their argument in the particular research.

The notes provided here is for educational purpose only and fair use is permitted by copyright statute.