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The Oriental Insurance Company Limited vs Meena Variyal & Ors on 2 April, 2007

In 2007 AIR SCW 2362 (Oriental Insurance Co. Ltd. v. Meena Variyal and Ors.) it was held by the Supreme Court that an obiter dictum of this Court (read as Supreme Court) may be binding only on the High Courts in the absence of a direct pronouncement on that question elsewhere by this Court (read as Supreme Court). Here we are bound by the expressed pronouncement. Unless a pronouncement forms a ratio decidendi, it can not bind in rem.

Satrucharla Vijaya Rama Raju vs Nimmaka Jaya Raju & Ors on 27 October, 2005

Judgment in rem is one which declares, defines or otherwise determines the status of a person or of a thing, that is to say, the jural relation of the person or thing to the word generally following ratio of three Judges' Bench judgmnent (Satrucharla Vijaya Rama Raju v. Nimmaka Jaya Raju and Ors.). That apart a statute is an edict of the legislature and in construing a statute, it is necessary to see the intention of its maker. If a statutory provision is open to more than one interpretation, the Court has to choose that interpretation which represents the true intention of the legislature.
Supreme Court of India Cites 25 - Cited by 69 - P K Balasubramanyan - Full Document
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