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This court, however, has to deal with questions involving the liberty of the subject, and if it finds, on reconsideration, that, in the opinion of a full court assembled for that purpose, the law has been either misapplied or misunderstood in a decision which is has previously given, and that, on the strength of that decision, an accused person has been sentenced and imprisoned-it is the bounded duty of the court to reconsider the earlier decision with a view to seeing whether that person had been properly convicted. The exceptions which apply in civil cases ought not to be the only ones applied in such a case as present”. This principle was laid down in the English Court by
R.V. Taylor.
Young Vs. Bristol Aeroplane Co. Ltd. Case
Gallie Vs. Lee and another case
London Street Tramways Co. Vs. L.C.C. case
- The statement discusses the duty of courts to overturn previous decisions if they involve the liberty of the subject and are found to be wrongly decided.
- Option 1: R.V. Taylor – This is not the case where the principle about reconsidering previous decisions was established.
- Option 2: Young Vs. Bristol Aeroplane Co. Ltd. – This case (1944) laid down the classic exceptions to the rule of stare decisis, where the Court of Appeal can depart from its previous decisions on specific grounds, especially in criminal matters relating to liberty.
- Option 3: Gallie Vs. Lee and another – This case dealt with signature under a mistake and not precedent or liberty principles.
- Option 4: London Street Tramways Co. Vs. L.C.C. – This case established the House of Lords is bound by its own decisions, but doesn't relate directly to the criminal aspect discussed here.
- So, the correct answer is Option 2: Young Vs. Bristol Aeroplane Co. Ltd.
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By: Parvesh Mehta ProfileResourcesReport error
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