Comments on Obiter Dicta and Ratio Decidendi-A Tug of War

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Subhash chandra Pratihar

Subhash chandra Pratihar

Wrote on 13 June 2019  

great artical rather a thesis on the subject matter.obiter dicta is binding on all courts .Artical 141 can not be changed.similar facts and circumstances if settled principle of law in precedents not followed and another view is imposed without reasoning is miscarriage of justice.we know problems and burdens on courts .have anybody seen hurt burns and tears of the clients when SLP dismissed without adding single reasonings.however obiter dicta is absolute.grateful since there are enough materials in this article for enlargement of Dr SC pratihar ,having two and half decade struggles and studies and collected experience.

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