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...

  So far as the first question is concerned,  Article 141  of the Constitution unequivocally indicates that the law declared by the Supreme ...

Also, in Municipal Corpn. of Delhi v. Gurnam Kaur, (1989) 1 SCC 101 at 110, this Court stated: “11. Pronouncements of law, which are not par...

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

 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...

 A three-Judge Bench in Union of India and Ors. v. Dhanwanti Devi and Ors. MANU/SC/1272/1996 : (1996) 6 SCC 44, while adverting to the con...

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...

 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 suc...

Indeed, we do not think that the principles of law declared and applied so of have really changed. But, the application of the same law to...

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

It cannot be over-emphasised that the discipline demanded by a precedent or the disqualification or diminution of a decision on the appli...

Since heavy reliance has been placed by the State on Satendra Prasad Jain vs. State of U.P. (1993) 4 SCC 369 and Lt. Governor of Himachal ...

There can be no dispute with respect to the settled legal proposition that a judgment of this Court is binding, particularly, when the same...

 When the words 'rarest of rare cases' are used after the words 'sparingly and with circumspection' while describing the sc...