7/10/22, 11:31 PM Difference between Ratio Decidendi and Obiter Dicta - SRD Law Notes

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Difference between Ratio Decidendi and Obiter Dicta

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                  The expression 'Ratio Decidendi' literally means " rule of law or Ruling or knowing the law".  When the Administration of justice
highest Court(Apex Court) of judicature in a country formulate/ makes a rule, while deciding a case basing on that rule,
Banking Law
that case is accepted as a valid Precedent. The apex court furnishes the various reasons on which the decision was given
in that particular case. Such rule or ruling is called 'ratio decidendi'. Civil Procedure Code

Company Law

Comparative Law

Constitutional Law

Cyber Law

Family Law

Hindu Family Law

Hindu Law

Human Rights

Insurance Law

International Law

Jurisprudence
In other words, ratio decidendi  is a principal of law made by the judge to decide the problem. Obiter dicta are
Labour Law
observations made by the Judge, which are not essential for reaching
the decision. when a decision is said to have
binding force in subsequent cases, it does not mean to say that the whole decision is binding. Those statements, in Law of Arbitration and Conciliation
previous decision, which constitute the ratio decidendi are binding. While obiter dicta has no binding force.
Law of Conflict
                    'Ratio
Decidendi' means "the reason of the decisions", which not only binds parties but also forms as law Law of Contracts
to the future generations. The Other meanings are 'the rule of law which others  regard as being of binding authority. 
Obiter dicta, on the other hand means 'dictums' given by the
way, and binding only on the parties, and do not amount Law of Crime
to law and hence not binding on future generations. However, there are exceptions to this rule that even 'obiter dicta' of
Law of Evidence
the Supreme Court are having binding force as law.
Law of Tort
                    For the purpose of application of 'Ratio decidendi', the facts of two cases previous and present, must be
Legal History
identical, material and relevant.  Otherwise, ratio decidendi is not applicable in the subsequent case. It is called
distinguishing the case. Muslim Law

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Property Law
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Kinds of Precedent Doctrine of 'Precedent' in India
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7/10/22, 11:31 PM Difference between Ratio Decidendi and Obiter Dicta - SRD Law Notes

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COMMENTS:

Unknown 17 March 2017 at 13:09

Magnificent information
Reply

Unknown 17 March 2017 at 13:10

Magnificent information
Reply

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