To interpret words, phrases and provisions of a statute, it may
become necessary for judges to embark into lengthy discussion but the
discussion is meant to explain and not to define.
Punjab National Bank v. R. L. Vaid (supra)
There is always peril in treating the words of a judgment as though
they are words in legislative enactment and it is to be remembered that
judicial utterances are made in the setting of the facts of a particular case.
Circumstantial flexibility, one additional or different fact may make a
difference between conclusions in two cases. Disposal of cases by merely
placing reliance on a decision is not proper.
"5. We find that the High Court has merely referred to the
decision in R.K. Jain's case-(1993) 4 SCC 119 without
even indicating as to applicability of the said decision and
as to how it has any relevance to the facts of the case. It
would have been proper for the High Court to indicate the
reasons and also to spell out clearly as to the applicability
of the decision to the facts of the case. There is always
peril in treating the words of a judgment as though they
are words in a Legislative enactment and it is to be
remembered that judicial utterances are made in the
setting of the facts of a particular case. Circumstantial
flexibility, one additional or different fact may make a
difference between conclusions in two cases. Disposal of
cases by merely placing reliance on a decision is not
proper. Precedent should be followed only so far as it
marks the path of justice, but you must cut out the dead
wood and trim off the side branches else you will find
yourself lost in thickets and branches, said Lord Denning,
while speaking in the matter of applying precedents. The
impugned order is certainly vague."
In the case of Punjab National Bank v. R.L. Vaid and Ors. , the Hon'ble Supreme Court held that "thee is always peril in treating the words of a judgment as though they are words in a legislative enactment and it is to be remembered that judicial utterances are made in the setting of the facts of a particular case. Circumstantial flexibility, one additional or different fact may make a different between conclusions in two cases. Disposal of cases by merely placing reliance on a decision is not proper. Precedent should be followed only so far as it marks the path of justice, but you must cut out the dead wood and trim off the side branches else you will find yourself lost in thickets and branches, said Lord Denning, while speaking in thefnatter of applying precedents."