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learned Judge took was that
it was an 'obiter dictum' of the Supreme Court and, according to the
learned Judge ... obiter dictum' was as much binding upon him as an
express decision given by the Supreme Court.
5. Before
Bombay High Court
characterised as one
per incuriam or "obiter dicta", as opined by the Division Bench of
this Court in A.Natarajan ... with the label per
incuriam and brushed aside as 'obiter dicta' by a Division Bench. It is
common knowledge that
Madras High Court
that the observations
made therein (underlined by us) were obiter and did not lay down ... judgment (reproduced above), are
more in the nature of obiter as such a situation was not
required to be considered
Supreme Court of India
Order 9, Rule 13, Civil P. C., was an obiter dictum, which means
an opinion not necessary to a judgment ... ratio
decidendi; it is merely an obiter dictum. This may be illustrated thus.
Suppose a suit is instituted against
Madhya Pradesh High Court
that the incidental observation on a
hypothesis is an obiter. According to that Division Bench, the Supreme
Court in Mahindra ... observation in
Mahindra & Mahindra Ltd. (supra) is an obiter, it, being that of the
Supreme Court, binds
Calcutta High Court
actually objected to on the ground that it
was obiter. Their Lordships accordingly considered it necessary to
refer to cases
Allahabad High Court
said judgment are neither
a ratio decidendinor a obiter dicta so as to make those observations
binding on this Court ... ratio decidendi of a
case and what is obiter dicta and contended that certain observations
of the Apex Court
Bombay High Court
highest it could be termed as
"obiter". According to Mr. Kumbhakoni, the Supreme Court in the case
Bombay High Court
observations, at the
highest, can be considered only as obiter dicta of the Supreme Court.
They cannot prevail over ... therefore, are general observations. At the highest, these are obiter
dicta of the Supreme Court, they cannot prevail over
Bombay High Court
Customs, Excise and Gold Tribunal - Delhi
Collector Of Central Excise, ... vs Vardhan Syntex, Eastern Spinning
Customs, Excise and Gold Tribunal - Delhi
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