Binding - Year 2016 - Judgments

Oct 04 2016 (HC)

Prakash Gobindram Ahuja Vs. Ganesh Pandharinath Dhonde and Others

Court: Mumbai

Decided on: Oct-04-2016

..... clear that it is only the ratio decidendi of a case which can be binding and not the obiter dictum obiter at best may have some persuasive efficacy though as far as pronouncements of ..... of legal position the judicial discipline requires that the judgment rendered by higher courts be binding on subordinate courts whereas certainty of legal position requires that the judgment rendered earlier in .....

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May 06 2016 (HC)

Rahul and Others Vs. State of Maharashtra, through its Secretary, Urba ...

Court: Mumbai Nagpur

Decided on: May-06-2016

..... director municipal administration the petitioners cannot by themselves decide that they are not so binding while performing their executive functions these guidelines in the nature of executive instructions ..... that if public functionaries start justifying violations of established norms and procedures in contractual matters involving distribution or allotment of public money on the ground that no .....

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Nov 03 2016 (HC)

State of West Bengal Vs. Pam Developments Pvt. Ltd.

Court: Kolkata

Decided on: Nov-03-2016

..... which the arbitrator reached the conclusion which adversely affects the interests of a party the contractual stipulation of reasons means as held in poyser and mills arbitration in re proper adequate ..... favour of the claimant essentially sounds in damages the prolongation of the contract beyond the contractual period forms the basis of the claim in the arbitration proceeding the first and foremost .....

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Feb 25 2016 (HC)

HDFC Bank Ltd. Vs. Deputy Commissioner of Income-tax -2(3), Mumbai

Court: Mumbai

Decided on: Feb-25-2016

..... authorities and tribunals functioning within the state consequently the decisions of this court would be binding upon all authorities tribunals and courts subordinate to the high court within the state ..... action in the administration of law as each authority would then decide disregarding the binding precedents leading to complete chaos and anarchy in the administration of law 26 accordingly .....

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Aug 31 2016 (SC)

M/S Shanti Conductors(P) Ltd. and Anr. Vs. Assam State Electricity Boa ...

Court: Supreme Court of India

Decided on: Aug-31-2016

..... the provisions of the beneficial legislation and therefore it cannot be treated as a binding precedent 58 shri sunil gupta learned senior counsel while adopting the argument advanced by ..... authority devolves by convention may find most appropriate the constitution bench reaffirmed the doctrine of binding precedents as it has the merit of promoting certainty and consistency in judicial decisions .....

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Apr 01 2016 (HC)

Aarif Latheef and Others Vs. Dr. Asha K. John and Others

Court: Kerala

Decided on: Apr-01-2016

..... forgetfulness of some inconsistent statutory provision or of some authority binding on the court concerned so that in such cases some ..... indicates that the law declared by the supreme court shall be binding on all courts within the territory of india the aforesaid ..... in the case in which the judgment was delivered an obiter dictum as distinguished from a ratio decidendi is an observation by .....

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Oct 18 2016 (HC)

Sneh Kohli Vs. The Universal English Trust, through the Managing Trust ...

Court: Mumbai

Decided on: Oct-18-2016

..... of the supreme court in the above referred judgments is binding on the learned single judge of this court 36 learned ..... the validity of appointment letter only after expiry of the contractual period the petitioner was put to knowledge of her temporary ..... the answer thereto all other observations made therein are at most obiter dictum 85 i appreciate the valuable assistance rendered by the learned .....

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Aug 30 2016 (HC)

Gerard Perir Vs. The Income-Tax Officer, Range XV(1), Chennai

Court: Chennai

Decided on: Aug-30-2016

..... is not necessary to support the decision reached by the court is dictum or obiter dictum dictum or obiter dictum is distinguished from the holding of the court in that the so called law ..... which have not been reported practice notes being directions given without argument do not have binding judicial effect interlocutory observations by members of a court during argument while of persuasive weight .....

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Nov 08 2016 (HC)

Delhi Public School and Anr. Vs.manoj Bhandari and Anr.

Court: Delhi

Decided on: Nov-08-2016

..... of 13 fortiorily non minority schools whose employees cannot be engaged in employment on contractual basis such employees in non minority school would surely have statutory protection of their ..... two arguments i respondent no 1 is estopped from questioning his first appointment as contractual thereafter appointment on probation and his termination during the probation period and thereafter again .....

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Nov 10 2016 (HC)

Kumar Mayank vs.delhi Technological University & Anr

Court: Delhi

Decided on: Nov-10-2016

..... not for permanent appointment in the regular posts and advertisements are issued only for contractual appointments or ad hoc appointments or temporary appointments then persons who are appointed by ..... e appointments which were sought to be made were not permanent appointments as distinguished from contractual short term appointments or casual appointments the issue is that can these persons claim .....

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