Ahmadbhai Karimbhai Sheikh vs State Of Maharashtra, Thr. Secretary ... on 16 January, 2018
In this respect Shri Raghute, learned counsel,
appearing on behalf of the farmers has rightly invited our
attention to the judgment of the Hon'ble Apex Court in the case of
Bombay Dyeing & Mfg. Co. Ltd. (3) vs. Bombay Environmental
Action Group & Ors., (supra). There, the Hon'ble Apex Court in
para 312 has observed that an order of Court needs to be
construed having regard to the text and context in which the
same was passed. The judgment cannot be read as a statute and
it needs to be understood in the light of factual matrix involved
therein. This precedent reveals that any observation made in the
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judgment cannot be read in isolation and in a different context.
Thus, we find that our directions issued on 09.03.2017 in Writ
Petition No. 585 of 2017 also need to be construed keeping in
mind the facts and law then prevailing.