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What is precedent in law Supreme Court explains SCC Blog
>> YOUR LINK HERE: ___ http://youtube.com/watch?v=EqHjNOeB4dg
⚠️ Do you think that everything said by a Judge while pronouncing judgments constitutes a precedent? ⚠️ • Click here to figure out 👉🏼 https://bit.ly/3MgEupf • Reported by Apoorva Goel • • The Supreme Court in a recent judgment explained that not everything said by a judge while pronouncing a judgment constitutes a precedent in law. ✅✅ • • What is the difference between obiter dicta and ratio decidendi ❓ • ⚖️ The Supreme Court in the same judgment helped understand the difference between Obiter Dicta and Ratio Decidendi, as explained by Ms Prachi Bharadwaj in the video here. • • ⚖️ Obiter Dicta is the opinion of the judge, either said in the court of law, or in a written judgement. But it is not essential to the decision and therefore not legally binding as a precedent. Obiter dicta is different from ratio decidendi, which actually lays the basis of a judicial decision. • • 📚 Know the doctrine of precedent in detail here 👉🏼 https://bit.ly/44Ppplu 📚 • • ⚖️ Supreme Court in its judgment explained the The Inversion Test for identification of ratio decidendi. It explains that for the purpose of testing whether a particular proposition of law is to be treated as the ratio decidendi of the case, the proposition is to be inversed, i.e. to remove it from the text of the judgment as if it did not exist. • • ⚖️ If the conclusion of the case would still have been the same even without examining the proposition, then it cannot be regarded as the ratio decidendi, i.e., the precedent of the case. • Hence, what is precedent in law in a Judge’s decision, binding as a legal precedent, is the principle upon which the case is decided, and not the obiter dicta. • • Video answers the following questions 👇🏼👇🏼👇🏼 • 🚫 What is precedent in law? • 🚫 What is a judicial precedent? • 🚫 Explain doctrine of precedent • 🚫 Precedent meaning • 🚫 What are obiter dicta and ratio decidendi? • 🚫 What is the difference between obiter dicta and ratio decidendi? • 🔔 For latest blog updates, join https://t.me/scconline 🔔 • 🔔 Our social media handles 🔔 • 🔥 LinkedIn: / scco. . • 🔥 Twitter: / scconline_ • 🔥 Instagram: / scconline_ • 🔥facebook: / scc.online • #precedent #obiterdicta #ratiodecidendi #precedentinlaw
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