Can a part of Judgement be used as a citation ?

Guest (Querist) 12 August 2010 This query is : Resolved
And can we use a particular part of judgement as citation which was not consisting a generalized opinion of the Judge?

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s.subramanian (Expert) 12 August 2010
Obviously you are referring to an incidental observation made by the judge in his judgement. It is called an Obiter Dicta in the Law of Precedents. It is not binding and it cannot be used as a precedent at all. It is not binding. What is binding is the Ratio Decidendi alone in the judgement which means that the priniciple of law evolved by the court in the said judgment.

Advocate SK Rohilla New Delhi (Expert) 12 August 2010
Yes

DR.P.L.NAWALKHA (Expert) 12 August 2010
PART JUDGEMENT IS NOT INSIGNIFICANT.ITS CITATION IS ONE OF THE SUPPORTIVE SUBSTANTIATION. DR.P.L.NAWALKHA JAIPUR

Sumit Batra (Expert) 13 August 2010
In other words you are referring to observation made by the judge in his judgement.What is relevant in a judgement is the principle of law that evolved or ought to have been followed by the courts. We as lawyers refer to the citation and in that citation refer to the relevant portion that might suit our case.

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