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)

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[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.