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contextual meaning or in its wider literal
meaning.
Precedent--Ratio decidendi of the earlier decision--How
to ascertain--Major premise ... relied upon-
(10) The doctrine of ratio decidendi has also to be
interpreted in the same line. To consider
Supreme Court of India
Judicial Service Rules 2001. They, however,
contend that the ratio decidendi of the decision in S.C. Dixit upholding ... forming part of the judgment
and challenge to the ratio decidendi of the judgment. Broadly speaking,
every judgment of superior
Supreme Court of India
unworkable. But if there is no discernible ratio decidendi the Court
of Appeal may adopt any reasoning which appears
Madras High Court
been decided is alone
binding as a precedent. The ratio decidendi is the underly-
ing principle, namely, the general reasons ... morally so. But that was not the ratio
decidendi of Nakara. Legislation has not said so. To say so
legally
Supreme Court of India
before the Court, the opinion is not the ratio
decidendi; it is merely an obiter dictum. This may be illustrated ... before the Court. Those
findings would be ratio decidendi, if given in the suit itself, but not
in the proceedings
Madhya Pradesh High Court
Halsbury's "The Laws of England", explained the
word "ratio decidendi" as "It may be laid down as a
general ... authoritative element of a precedent is
often termed the ratio decidendi." It is by the choice
of material facts that
Bombay High Court
sought to be argued that the ratio decidendi of that
case that under Clause 12 this Court has the same ... Chancery Courts, exercised in England.
Far from discarding the ratio decidendi of Holkar's case, to my mind
this decision
Bombay High Court
been decided is alone binding as
a precedent. The ratio decidendi is the underlying principle,
namely, the general reasons ... particular case which gives rise to the
decision. The ratio decidendi has to be ascertained by an analysis
Gujarat High Court
Madhya Pradesh High Court
Smt. Archana Kumar And Anr. vs Purendu Prakash Mukherjee And ... on
Madhya Pradesh High Court
which has
binding force?
(3) How to extract the ratio decidendi from a judgment and determine
whether ... discovered ratio decidendi, is applicable as a
binding precedent in a given subsequent case?
18. Point (1): The doctrine
Madhya Pradesh High Court
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