Questions and answers on law (Part 60)

 Q.1. What is definition of  “Dishonestly”?

Ans. Whoever does anything with intention of causing wrongful gain or wrongful loss to any person, is said to do that thing “dishonestly”. [Section 24, Indian Penal Code, 1860]

Q.2. What is the principle of “res gestae”?

Ans. Group of facts forming part of the same transaction is called res gestae. [Section 6, Indian Evidence Act, 1872]

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Whether answers given in judgment to question is ratio to judgment?

Most of the petitioners/applicants before us are unaided professional educational institutions (both minority and non-minority). On behalf of the petitioners/applicant it was submitted that the answers given to the questions, as set out at the end of the majority Judgment, lay down the true ratio of the Judgment It was submitted mat any observation made in the body of the judgment had to be read in the context of the answers given. We are unable to accept this submission. The answers to the questions, in the majority Judgment in Pai's case, are merely a brief summation of the ratio laid down in the Judgment. The ratio decidendi of a Judgment has to be found out only on reading the entire Judgment. In fact the ratio of the judgment is what is set out in the judgment itself. The answer to the question would necessarily have to be read in the context of what is set out in the judgment and not in isolation. In case of any doubt as regards any observations, reasons and principles, the other part of the judgment has to be looked into. By reading a line here and there from, the judgment, one cannot find out the entire ratio decidendi of the judgment.
Answers given in judgment to questions is not ratio to judgment-answers are merely conclusion

Supreme Court of India

Islamic Academy Of Education And ... vs State Of Karnataka And Others on 14 August, 2003

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