Wednesday, 20 November 2019

# Jurisprudence

Obiter Dicta

Obiter dicta 
Literally it means that which is said by the way it's covers within its  ambit all that the judges have said while delivering a particular judgement. These statements might not be critical to the judgement or decision of the particular issue raised, as they usually go above and beyond the requirements of a particular case.thus ,they just carry the force of persuasive precedent and do not bind the judges. 

They are however,free to take them as an aid to decision making. It sometimes become difficult for lawyers and the courts to determine whether something said by the judges is obiter dicta or ratio decidendi. Hence, judge have the authority to go against such Inkster dicta 

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