ratio decidendi of a case

Salmond, in his "Jurisprudence" (12th Ed. To ascertain the ratio of a case, certain methods are as follows: The term obiter dicta mean ‘statement by the way’. As mentioned by Shri H.M. Seervai in his article titled – "The Fundamental Rights Case at the Cross Roads[6], 9 out of the 13 judges "took the unusual course, in spite of the opposition of 4 judges", to give a "summary of the conclusions which the majority had reached" One of the six points in the "summary", taken from Justice Khanna's conclusion was :–, "2. VALLIAMMA CHAMPAKA PILLAI Vs SIVATHANU PILLAI decided on August 24,1979 reported in AIR 1979 SC 1937, 7. MAGANLAL CHHAGANLAL (P) LTD. According to Justice Field, the ratio decidendi of this case was-. CHLORO CONTROLS (I) P. LTD Vs SEVERN TRENT WATER PURIFICATION INC decided on September 28,2012 reported in  (2013) 1 SCC 641, 15. He held that (a) the power of amendment is limited; it does not enable Parliament to alter the basic structure or framework of the Constitution; and (b) the substantive provision of Article 31-C, which abrogates the Fundamental Rights, is valid on the ground that it does not alter the basic structure or framework of the Constitution. It was also held that the 1937 Act was not a legislation regulating triple talaq, and that the practice of talaq-e-biddat was considered integral to the religious denomination i.e., the Sunni Hanafi School. Mahajan, V.D., Jurisprudence and Legal Theory, Eastern Book Company, Lucknow, 2016. Ratio Decidendi is one of the old and important aspect used while deciding a case. The Apex court Full bench in Balwant Rai Saluja And Anr. Two judges (Lord Reid and Lord Morris) opined that time would not run until the claimant knew he had a worthwhile cause of action. The full bench of three-judge bench of apex court in MYSORE STATE ROAD TRANSPORT CORPORATION (1974) held what is ratio Decidendi. Mani, Jurisprudence(Legal Theory), Allahabad Law Agency, Faridabad, 2015. The search for the ratio of a case is a process of elucidation; one searches the judgment for the abstract principles of law which have led to the decision and which have been applied to the facts before the court. How then, is the ratio of a judgment to be ascertained. the rule of law which is preferred by the judges as the actual basis of his decision, or the rule of law which permits others to interpret the judgment as being of binding authority. A dissenting judgment on the point is not binding and cannot be the ratio. Take a peek at the topic headings, cases and journal articles listed above and below the case you’re about to read. Such a pronouncement will not amount to a binding precedent, but is instead called an obiter dictum. Judicial interference with personal law could only be in a manner provided for under Article 25 and triple talaq was not contrary to "public order, health and morality", did not violate Articles 14, 15 and 21 (which are limited to State action alone), and also was not based on State legislative action. These are vital to the court’s decision itself. The ratio decidendi has to be ascertained by an analysis of the facts of the case and the process of reasoning involving the major premise consisting of a pre-existing rule of law, either statutory or judge - made, and a minor premise consisting of the material facts of the case under immediate consideration. Certain courts are able to overrule decisions of a court of coordinate jurisdiction—however, out of interests of judicial comity, they generally try to follow coordinate rationes. Prescriptive Ratio Decidendi There is a logical dichotomy between the descriptive ratio decidendi and the prescriptive ratio decidendi. If the Full Bench had decided to dispose of the petitions according to law after a further hearing - in which their judgments would have been dissected and discussed by counsel for the parties – the Full Bench could have found the law for itself. Justice Khanna agreed with none of these 12 judges and decided the case midway between the two conflicting viewpoints. However, not all holdings are given equal merit; factors that can strengthen or weaken the strength of the holding include: The ability to isolate the abstract principle of law in the pragmatic application of that abstraction to the facts of a case is one of the most highly prized legal skills in the common law system. Andhyarujina[8], subsequent judgments "ritualistically repeated that Kesavananda Bharati had held that the amending power of Parliament was limited by the basic structure of the Constitution without examining whether there was a ratio to this effect from the eleven judgments in the case"[9]. [15] Apart from the above discussion , see "Ratio Decidendi : Judge and Court ; Honore, A.M. (1955) 71 Law Quarterly Review 196". The fourth proposition is that if we cannot discover the reasoning on which the majority based their decision we are not bound by it. The full bench of three judges of apex court THE REGIONAL MANAGER AND ANOTHER (1976) Held that. 1. The ratio decidendi has to be ascertained by an analysis of the facts of the case and the process of reasoning involving the major premise consisting of a pre-existing rule of law, either statutory or judge - made, and a minor premise consisting of the material facts of the case … Feel free to WhatsApp all issues on 8294600829. Siddharth Bhatnagar is a Senior Advocate at the Supreme Court of India. With a proper understanding of the ratio of a precedent, the advocate can in effect force a lower court to come to a decision which that court may otherwise be unwilling to make, considering the facts of the case. If no such reasoning of the majority can be discerned, a subsequent Bench is at liberty to adopt the reasoning that appears to be correct, provided it is in accordance with the with the decision of the Court. Paragraph 12[10] of Minerva Mills is as follows :-, "The summary of the various judgments in Kesavananda Bharati was signed by nine out of the thirteen Judges. The principle of the case must be rationally laid down, it should not be broader than necessary. In its most basic format, a judgment starts by outlining the facts of the case, before considering the legal arguments presented to the court, and then making the decision. [citation needed] In such a case, it may be difficult to locate the ratio, and on occasion, the courts have been unable to do so. The user(s) cannot make any kind of monetary or legal or any other kind of claim to the website or any of our team members. 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