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Home Various Acts

Ratio decidendi  – Examination of – This Court has held that it does not lay down a proposition that the ratio decidendi of an earlier decision cannot be examined or differed with in another case.

by PLRonline
October 22, 2022
in Various Acts
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Ratio decidendi  – Examination of – This Court has held that it does not lay down a proposition that the ratio decidendi of an earlier decision cannot be examined or differed with in another case. It has been held that if the Court is satisfied that the issue raised in the later petition requires consideration and in that context, the earlier decision requires re­examination, the Court can certainly proceed to examine the matter or refer the matter to a larger Bench, if the earlier decision is not of a smaller Bench. This Court, therefore, specifically rejected the contention that a writ petition under Article 32 of the Constitution was barred or not maintainable with reference to an issue which was the subject matter of an earlier decision.

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LATEST

  • “Vendors Cannot Escape Contract After Accepting Additional Payment Post-Deadline” November 1, 2025
  • MOU for Joint Development Agreement Not Enforceable Under Specific Relief Act – Karnataka High Court October 29, 2025
  • Termination of Arbitral Proceedings for Non-Filing of Statement of Claims — Not an Arbitral Award under Section 25(a) October 27, 2025
  • (no title) October 22, 2025
  • Supreme Court: Deception Alone Insufficient for Cheating Without Dishonest Inducement Prosecution Must Prove Accused Made Forged Document and Had Requisite Mens Rea. ID 416860 October 22, 2025
  • Land Acquisition Act, 1894, Sections 30, 31(2) & Punjab Tenancy Act, Section 5(2) – Occupancy tenants entitled to compensation – Payment wrongly made to landowners despite protest and without notice to tenants – Apportionment petition/reference by occupancy tenants maintainable – Jamabandi entries prove occupancy rights if unrebutted. October 22, 2025
  • Land Acquisition Act, 1894 – Compensation dispute among claimants – Civil Court jurisdiction not barred – Award by Collector not final among interested persons – Claimant can file separate civil suit for resolution of dispute October 22, 2025
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      • Punjab Town Improvement Act, 1922
      • Punjab Village Common Lands (Regulation) Act, 1961
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    • Suit for recovery of Money
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