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ARTICLE · 19 MAY 2023

Ratio Desidendi vs. Orbiter Dicta

In the Indian legal system, a precedent is a judicial decision that establishes a principle or rule of law. The doctrine of judicial precedent, also known as stare decisis, is followed by Indian courts...

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Introduction:

In the Indian legal system, a precedent is a judicial decision that establishes a principle or rule of law. The doctrine of judicial precedent, also known as stare decisis, is followed by Indian courts, that means "to stand by things decided." It is a legal doctrine that requires courts to follow or adhere to the precedent or decisions of higher courts, including their own previous decisions, on similar issues of law. The doctrine of stare decisis is a fundamental principle of common law legal systems. The binding effect of a precedent depends on the hierarchy of courts. Having said that, the Supreme Court recently clarified that "not everything that is said in the court becomes a precedent". You can access the case by clicking on the link (https://www.livelaw.in/supreme-court/supreme-court-obiter-dicta-ratio-decidendi-distinction-career-institute-educational-society-vs-om-shree-thakurji-educational-society-227739)

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