Question of Law while giving final judgement by a High Court?

Both judicial precedent and equitable defences play significant roles in the Indian Judicial System. 

1.    Judicial Precedent: Doctrine of precedent, also known as ‘stare decisis’, is a fundamental part of the Indian legal system. The Courts in the country follow the principle that decisions given by the higher ranking courts will be binding upon the lower courts. Consistency and predictability in law is maintained through this precedent and thus arbitrary decision-making is prevented.

2.    Equitable Defence: Although, there isn’t a separate system of ‘equity’ courts as in some common law jurisdictions, the principles of equity have been incorporated into the Indian legal system and court decisions are also influenced by them. Equitable defences such as estoppel are also a part of the Indian statutory law, such as the Evidence Act and the Indian Contract Act.

It is therefore important to note that both judicial precedent and equitable defences are important in the Indian legal system. The relative significance depends upon the facts, circumstances, law and other specifics of a particular case. Judges would take into account precedents and would also consider equitable principles (wherever applicable), to arrive at a just decision. Thus both concepts play a vital role (depending upon the case) and it is not a matter of choosing one over the other.