Gerald Fernandes wrote: [A]I admire the ability of my good friend JC to so adroitly shift attention from "LIMITATION" to "OBITER" /"RATIO
[B] However "OBITER" of the Supreme Court of India on a specific subject would bind, in the hierarchy of Courts in India, Dears, I agree with my good friend Gerald Fernandes. I did shift attention from 'Limitation' to 'Obiter'. It helped me determine whether an Apple should really carry on a discussion with an Orange. If my good friend Gerald Fernandes goes back (if and when he has the time, of course) and reviews his "quote of a Justice of the Supreme Court of India", he will surely understand WHY I asked the Obiter v Ratio question. I wonder IF Gerald (an ex-Army Captain) believes that Rapes committed in Goa circa 1961 (and elsewhere antes and thereafter) ....must be forgotten after some 12 years (Limitation)? In # [B] above (supra in Latin) (uuper in Barathi), Gerald Fernandes insists that an 'Obiter" statement by a Justice of the Supreme Court would be binding on the Lower Courts in India (that is Bharat) This must be something new. For, it is not a view shared by (say) Blacks Law Dictionary, Wharton's Law Lexicon or by Justice Singhvi of the Supreme Court of India jc http://www.legalblog.in/2011/09/concept-of-obiter-dicta-law.html 31. In view of above, it is well settled that obiter dictum is a mere observation or remark made by the court by way of aside while deciding the actual issue before it. The mere casual statement or observation which is not relevant, pertinent or essential to decide the issue in hand does not form the part of the judgment of the Court and have NO AUTHORITATIVE VALUE The expression of the personal view or opinion of the Judge is just a casual remark made whilst deviating from answering the actual issues pending before the Court. These casual remarks are considered or treated as beyond the ambit of the authoritative or operative part of the judgment. --------------------------------------------------------------------------- Protect Goa's natural beauty Support Goa's first Tiger Reserve Sign the petition at: http://www.goanet.org/petition/petition.php ---------------------------------------------------------------------------
