Tag: Ratio Decidendi

Suppose a case is decided by the High Court on ground ‘A’, and then goes on appeal to the Supreme Court which decides it on ground ‘B’, nothing being said upon ground ‘A’. In such circumstances, which is the precedent value of the decision on ground ‘A’ by the High Court?

Facts of the Case A legal dispute was decided by a High Court, which based its judgment on a particular reasoning referred to as Ground […]

A High Court decides a case, ignoring an earlier decision of the Supreme Court, stating that the decision of the Supreme Court was obiter dicta without a binding force. As a result there is an inconsistency between decisions of High Court and the Supreme Court. Is the decision of the Supreme Court assuming that it was obiter dicta

Facts of the Case A High Court decided a legal dispute by ignoring an earlier decision of the Supreme Court of India. The High Court […]