When the Supreme Court recalls its judgment in a review petition, it has significant implications for the legal system. This action essenti...

 It is well settled in law that the ratio of a decision has to be understood regard being had to its context and factual exposition. The rat...

  It is the ratio understood in its correct perspective that is made applicable to a subsequent case on strength of a binding precedent. R...

A decision or judgment can be per incuriam any provision in a statute, rule or Regulation, which was not brought to the notice of the Cour...

Article 141 of the Constitution of India provides that the law declared by the Supreme Court shall be binding on all courts within th...

38. It needs to be stated here that the decisions relied upon by Mr. Lalit are undoubtedly binding precedents for the respective issues de...

  The argument of the respondent proceeds that the decision in M/s. Innovatives Systems (supra), neither refers to any specific provision...

 In order to determine this aspect, one of the well-established tests is "The Inversion Test" propounded inter alia by Eugene Wa...

 By a short judgment in Yasangi Venkateswara Rao (supra), this Court upset the elaborate judgment of the High Court thus: 7. We are un...

  It is settled position of law that even a single distinguishing feature is sufficient to distinguish a precedent. Besides, precedents ar...

It is clear that a stray sentence in a judgment without a focused argument cannot be considered as the ratio of such a judgment.  Also, on ...

  There are various tests to find out whether a particular observation of the Court is part of the ratio or its obiter. The first test is ...

 It is clear that one judgment can have more than one ratio decidendi. This was recognized early on by the Privy Council in an appeal f...

On a careful appreciation of the aforesaid decision, we find the factual matrix therein is explicitly the same as is in the present case. ...

 In this context, another submission deserves to be noted. It is canvassed by the learned senior counsel for the appellants that the issu...

 The Tribunal in the instant case sought to distinguish the aforementioned case with the case in hand, by placing reliance on another dec...

 I t is well settled that a judgment cannot be read like a Statute. Construction of a judgment should be made in the light of the factua...

Question No.(V) : Whether the observation in para (13) of the judgment in  Vasant Tatoba Hargude and others v. Dikkaya Muttaya Pujari  (AI...

 A precedent is a judicial decision containing a principle, which forms an authoritative element termed as ratio decidendi. An interim orde...

 It further saddens us to see the manner in which the decision in the case of Harshad Govardhan Sondagar (supra) has been misinterpreted ...