THE CONCEPT OF RATIO DECIDENDI AND OBITER DICTA: A DETAILED STUDY [Part 2]

ABHIGYAN MAHARISHI

UNIVERSITY OF PETROLEUM AND ENERGY STUDIES,

COLLEGE OF LEGAL STUDIES, DEHRADUN

(First Published on Volume 01 Issue 02, July 2016)

Read similar articles here

[Picture Courtesy: Pexels.com]

Circumstances destroying or weakening the binding force of the precedents.

a)    Abrogated decisions- A decision ceases to be binding if a statute or a statutory rule, inconsistent with it is subsequently enacted or it is reversed or overruled by a higher court. Reversal occurs when the same decision is taken on appeal and it is reversed by the appellate court. Overruling occurs when the higher court declares in another case that the precedent case was wrongly decided and it is not to be followed.

THE CONCEPT OF RATIO DECIDENDI AND OBITER DICTA: A DETAILED STUDY [Part 1]

ABHIGYAN MAHARISHI

UNIVERSITY OF PETROLEUM AND ENERGY STUDIES,

COLLEGE OF LEGAL STUDIES, DEHRADUN

(First Published on Volume 01 Issue 02, July 2016)

Read similar articles here

[Picture Courtesy: Pexels.com]

Abstract

Ratio Decidendi, a term that every lawyer hunts for its clear and precise meaning. Although it is a difficult task to search for ratio of a case, but those who succeed in doing so, are supposed to have a good and in depth knowledge of a case.

PRIOR CONSENT TO INTERNATIONAL DIRECT SATELLITE BROADCASTING

ISBN 0-7923-0692-9

Year of Publication 1990

Martinus Nijhoff Publishers: London

MOUMITA MANDAL

CENTRE FOR INTERNATIONAL LEGAL STUDIES, JAWAHARLAL NEHRU UNIVERSITY, NEW DELHI, INDIA.

(First Published on Volume 01 Issue 02, July 2016)

Read similar articles here

[Picture Courtesy: Pexels.com]

The author has focused on the emergence of international legal instruments regarding international direct satellite broadcasting (DSB) and perceptions of States on DBS.  This book has been divided into three chapters. The first chapter has focused on the States perceptions on DBS and this chapter has shown that the world has been divided into three parts as the opinions of the Western nations, the opinions of East bloc states and the opinions of developing countries.

A LEGAL ANALYSIS OF THE MERCHANT OF VENICE WILLIAM SHAKESPEARE

HARSH MAHASETH

NALSAR UNIVERSITY OF LAW, HYDERABAD, INDIA

(First Published on Volume 01 Issue 02, July 2016)

Read Similar Articles here

[Picture Courtesy: Pexels.com]

The Merchant of Venice is a Shakespearean play which revolves around a loan taken by a Venetian Christian merchant, Antonio, from a Jewish money-lender, Shylock. A conditional agreement was made between both of them that Shylock was to extract a pound of Antonio’s flesh which is closest to his heart if he is unsuccessful in returning the loan amount on time.