Saturday, 8 April 2017

Whether any observation in judgment will amount ratio decidendi?

 It is well settled that the observations in a judgment cannot be de hors the point which is sought to be raised and the facts in which such point is raised. The observations cannot by themselves form the ratio of the decision. The ratio of the decision is to be drawn after considering the facts of the case, the point which is sought to be raised in the matter, the arguments which are canvassed in support of rival contentions in relation to such point, the discussion made by the Court with reference to such point canvassed by the counsel for the parties and the ultimate decision arrived thereupon. On taking into consideration all these aspects, the ratio of the decision has to be gathered. Any sentence in a judgment cannot be read as a statutory provision and the ratio in that regard is well settled by catena of decisions of the Apex Court. This has been clearly explained in different decisions of the Apex court including in the matter of Union of India & Ors. Vs. Dhanwanti Devi & Ors. reported in MANU/SC/1272/1996 : (1996) 6 SCC 44. It has clearly ruled therein that the decision is what it decides and not what follows from it.

Confirmation Case No. 1 of 2015 and Criminal Appeal No. 923 of 2015
Decided On: 14.03.2016
 The State of Maharashtra
 Vitthal Tukaram Atugade
Hon'ble Judges/Coram:V.K. Tahilramani and A.S. Gadkari, JJ.
Citation: 2017 ALLMR(CRI)1274
Read full judgment here:Click here

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