LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

MADURAI LAWYER (LEGAL CONSULTANT)     13 September 2011

Precedents- judgment of apex court

 

(A) Constitution of India, Art.141 - Precedents - Judgment of Apex Court - While considering the judgment of Apex Court, finding of material facts, casual expressions, decision on the proposition which did not fall for consideration, and observations which are rendered per incuriam and sub-silentio and the ultimate conclusion drawn, are the factors which are required to be ignored - What would then remain, would be the ratio of the judgment, which is a decision on the question of law to be understood in the light of the facts of the case. 

2008(5) ALL MR 388 (F.B.) and
(1996)6 SCC 44 - Rel. on. 

 MRS. MANGALA W/O. SHARAD MUTHA & ORS. VS. STATE OF MAHARASHTRA & ORS.
      2009-ALL MR-6-598  (Para 29)  


Learning

 0 Replies


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register