...Shukla (1976) 2 SCC 521. It is also well settled that the statements which are not part of the ratio decidendi constitute obiter dicta and are...Settlements, A.P v. M.R Apparao (2002) 4 SCC 638 it was held:“An ‘obiter dictum’ as distinguished from a ratio decidendi is an...observation obiter is also well established. A judge may often give additional reasons for his decision without wishing to make them part of the ratio decidendi; he may not be sufficiently convinced of...

...connotations of the term “ratio decidendi”, which in Latin means “the reason for deciding”. According to Glanville Williams in Learning the Law, this maxim “is slightly ambiguous. It may mean either (1) rule..., ratio decidendi has been conceptualised in a novel manner, in that these words are “almost always used in contradistinction to obiter dictum. An obiter dictum, of course, is always something said by a....22. A Constitution Bench has also reflected on the true nature of ratio decidendi in Krishena Kumar v. Union of India (1990) 4 SCC 207 , 1991 SCC (L&S) 112 , (1990...

...case — Each such ground constitutes a distinct ratio decidendi of that case — One judgment can have more than one ratio decidendi— It is impossible to treat a..., held, per incuriamIt is clear that one judgment can have more than one ratio decidendi. It is impossible to treat a proposition which the court declares to be a distinct...ratio decidendi and neglect the second, or to pick out the second reason as the ratio decidendi and neglect the first; we must take both as forming the ground of the judgment...

...the ratio decidendi. It was held in Sanjay Singh & Anr. v. U.P. 2 (2 009) 3 SCC 2 2 7 ¶ 40.... The reasons for the decision or the ratio decidendi is not the final order containing the decision. In fact, in a judgment of this Court, though the ratio decidendi may point to a particular result, the...decision (final order relating to relief) may be different and not a natural consequence of the ratio decidendi of the judgment. This may happen either on account of any subsequent event or the need...

...repeatedly has held that payment of solatium and interest is an integral part of the compensation. In support thereof, Shri Vaidyanathan placed reliance on the ratio decidendi in R.B Lala Narsingh Das v. Secy...Khosla case 1993 Supp (2) SCC 149 is not a binding precedent nor does it operate as ratio decidendi to be followed as a precedent and is per se...decided and for this reason it is important to analyse a decision and isolate from it the ratio decidendi. According to the well-settled theory of precedents, every decision contains three basic postulates...

...special leave petition in limine. Therefore, it does not furnish any ratio decidendi for following the same. Under these circumstances, we do not think that it would be proper to direct payment of...

...there was nothing in the said Act or any other law which exalts the ratio of those decisions to the status of a binding law nor could the ratio decidendi of those decisions be perpetuated by invoking...only the ratio decidendi that has a precedent value. As observed by the Supreme Court in S.P Gupta v. President of India...even fall to be answered in that judgment.”19. It is thus clear that it is only the ratio decidendi of a case which can be binding—not obiter dictum. Obiter, at best, may have some...

...to be the ratio decidendi of Sughar Singh case, the last case of this Court available at the time. Special leave to appeal was sought in the case before us on the ground that Sughar Singh case had...Court. Even where there appears to be some conflict, it would, we think, vanish when the ratio decidendi of each case is correctly understood. It is the rule deducible from the application of law to the...facts and circumstances of a case which constitutes its ratio decidendi and not some conclusion based upon facts which may appear to be similar. One additional or different fact can make a world of...

...purpose of the doctrine of precedents, ingredient (ii) is the vital element in the decision. This indeed is the ratio decidendi. It is not everything said by a judge when giving judgment that constitutes...ratio decidendi. In the leading case of Qualcast (Wolverhampton) Ltd. v. Haynes LR 1959 AC 7 43, (1959) 2 All ER 38 it was laid down that the ratio decidendi may be defined as a statement of law applied...ratio decidendi. In a minority opinion, I emphasised the need for judicial restraint and the duty to avoid encroachment on the powers conferred upon Parliament. In my view, the assessment, of public...

...334 should suffice to clear the doubts that may still be lurking in some quarters as to the ratio decidendi of Sughar Singh case: [, 340, 341: SCC (L&S) pp. 440-441, 442, 443, paras 7, 12, 13...Court. Even where there appears to be some conflict, it would, we think, vanish when the ratio decidendi of each case is correctly understood. It is the rule deducible from the application of law to the...facts and circumstances of a case which constitutes its ratio decidendi and not some conclusion based upon facts which may appear to be similar. One additional or different fact can make a world of...

...is in regard to U.P Civil Judge (Junior Division) Examination, 2003, held under the U.P Judicial Service Rules, 2001. They, however, contend that the ratio decidendi of the decision in S.C Dixit...difference between challenge to the final order forming part of the judgment and challenge to the ratio decidendi of the judgment. Broadly speaking, every judgment of superior courts has three...segments, namely, (i) the facts and the point at issue; (ii) the reasons for the decision; and (iii) the final order containing the decision. The reasons for the decision or the ratio decidendi is not the...

....38. It is urged that for the purpose of ratio decidendi, the question is not whether a subsequent bench of the Supreme Court thinks that it was necessary or unnecessary for the Constitution Bench, or...declared by the Supreme Court binding on all courts in the country excluding, as is now being interpreted, the Supreme Court itself. The doctrine of ratio decidendi has also to be interpreted in the same...ratio decidendi in Hariprasad 1957 SCR 121, (1957) 1 LLJ 243, AIR 1957 SC 121 and...

...court does not adjudicate upon the rights of the parties nor does it lay down any principle. Quotability as “law” applies to the principle of a case, its ratio decidendi. The only thing in a judge's...decision binding as an authority upon a subsequent judge is the principle upon which the case was decided. Statements which are not part of the ratio decidendi are distinguished as obiter dicta and are not...are not part of the ratio decidendi are classed as obiter dicta and are not authoritative. With all respect to the learned Judge who passed the order in Jamna Das case Writ Petitions Nos. 981-82 of...

...in itself a principle. The underlying principle, which thus forms its authoritative element, is often termed the ratio decidendi.” According to him, it is “the abstract ratio decidendi which alone has...in the Making (2d ed. 1930) 155, observes that “any judgment of any Court is authoritative only as to that part of it, called the ratio decidendi, which is considered to have been necessary to the...decision of the actual issue between the litigants. It is for the Court, of whatever degree, which is called upon to consider the precedent, to determine what the true ratio decidendi was...

...examine, to what extent does a ruling of co-ordinate Bench bind the subsequent Bench. A judgment of this Court can be distinguished into two parts: ratio decidendi and the obiter dictum. The ratio is the...Judge's decision binding a party is the principle upon which the case is decided and for this reason it is important to analyse a decision and isolate from it the ratio decidendi. … A decision is only an...authority for what it actually decides. ….The concrete decision alone is binding between the parties to it, but it is the abstract ratio decidendi, ascertained on...

.... Therefore, it is fallacious to state that Section 6-A would lead to the conclusion that “omissions” are included in “repeals”. He further argued that in any event, the true ratio decidendi of the...that case in support of their argument, the Constitution Bench's dealing with the said decision in order to overcome it would necessarily be the ratio decidendi of the said decision, and being a...Madhya Pradesh High Court judgment 1958 SCC OnLine MP 149 , AIR 1959 MP 93. Ordinarily, both reasons would form the ratio decidendi for the...

...effective date shall be 24.01.1971 or 23.12.1972. In this regard, learned counsel appearing on behalf of the petitioners has relied upon the ratio decidendi culled out in the judgments of Honble...surplus area has to be redetermined/re-assessed in favour of the petitioners as they are small land owners. The ratio decidendi culled out in the aforementioned judgments leaves no manner of doubt...that the appointed date would be 23.12.1972 whereas the decree is of 25.04.1972, thus, the case of the petitioners falls 1 of 2 CWP No.20444 of 2013 -2- within the scope of ratio...

...(1999) 2 SCC 375. He fairly pointed out that the aforesaid Single Judge judgment has been set aside by this Court, but stated that no ratio decidendi was forthcoming from the Supreme Court...Court's judgment in Yasangi Venkateswara Rao (1999) 2 SCC 375 could have been more elaborate, he argued that para 7 lays down a clear ratio decidendi, and....), “ratio decidendi” is described as follows:“The ratio decidendi of a case is any rule of law expressly or impliedly treated by the Judge as a necessary step in reaching his...