OBITER DICTA. Ratio decidendi, Obiter Dicta and Stare Decisis 1. The obiter dicta, i.e., things said by the way, are of merely persuasive efficacy. ‘Ratio Decidendi’ —It means reasons for the decision. RATIO DECIDENDI – The ratio decidendi of a case is the principle of law on which a decision is based. Obiter dicta is a remark made by a judge which forms no part of the reasoning that is directly responsible for the verdict (called the 'rationes decidendi" also called simply "the ratio"). Obiter dictum literally means "by the way." Ans. The observations of a judge of great eminence must carry weight particularly if the observations are in keeping with the provisions of an enactment.

The decision or judgement of a judge may fall into two parts: the ratio decidendi (reason for the decision) and obiter dictum (something said by the way). 2. Obiter Dicta manner all that is said via the courtroom by using the way or the statement of law which go past the necessities of the precise case and which laid down rule i.E. Obiter dicta and Ratio Decidendi-A tug of war By Dev P Bhardwaj (Download PDF) The Author, Dev. Inappropriate or useless for the purpose in hand are referred to as obiter dicta. It is a side comment which has no binding effect and is not determinative of the Supreme Court's ruling or ratio decidendi. Define and distinguish between Ratio Decidendi and Obiter Dicta. The traditional view is that we have to differentiate between the ratio decidendi of a judgement, ... and the obiter dicta, which will be the non-binding part. It is the principle orrule of law on which a court’s decision is founded. Ratio Decidendi 1) It means the reason for the decision; the basis of a decision. Ratio decidendi and orbiter dicta Home › Forums › Ask ACCA Tutor Forums › Ask the Tutor ACCA LW Exams › Ratio decidendi and orbiter dicta This topic has 5 replies, 2 voices, and was last updated 4 years, 9 months ago by MikeLittle . ratio decidendi and obiter dictum admin | September 29, 2018 | Law | No Comments This article was written by Namita Chandwani, a student of Indore Institute of Law. It is the ‘law declared’ in a judgment. P Bhardwaj is Central Government Standing Counsel. 2) It is the authoritative element in a judicial decision. Over the years there have been many questions raised and a lot has been written on the subject on what determines obiter dicta and ratio decidendi. If a question comes before the Judge which is not covered by any authority he will have to decide it upon principle, that is to say, he has to formulate the rule for the occasion and decide the case applying that rule to the facts of the case. (c) Radio Decidendi: The ratio decidendi of a decision con­tains the principle of law formulated by a judge.

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