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1 - 10 of 16 (0.25 seconds)Section 168 in The Motor Vehicles Act, 1988 [Entire Act]
Section 173 in The Motor Vehicles Act, 1988 [Entire Act]
Article 227 in Constitution of India [Constitution]
New India Assurance Company Ltd vs Smt. Shanti Pathak And Ors on 10 July, 2007
Therefore, when in Smt. Shanti Pathak and others (Supra) no reference has been made about the well considered judgment of the Bench of similar strength in Nicolletta Rohtagi and Ors. (Supra), the same can not be said to be ratio decidendi.
Common Cause, A Registered Society vs Union Of India & Ors on 3 August, 1999
5. Moreover, in (Common Cause v. Union of India and Ors.) it was held by the Supreme Court itself that without laying down the law cannot be read as a ratio of the judgment and certainly not as a precedent.
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.
National Insurance Co. Ltd vs Laxmi Narain Dhut on 2 March, 2007
AIR 2007 SC 1563 (National Insurance Co. Ltd. v. Laxmi Narain Dhut) supports the same.