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Constitutional Design — Social Studies STD 9 — Question

CBSE BoardEnglish MediumSTD 9Social StudiesConstitutional Design1 Mark
MCQ
Under Article $141$ of Constitution in which recent judgment it was held that. It is not everything said by a judge while giving a judgement that constitutes a precedent $.......$
  • ✓
    Government of Karnataka v. Gowramma.
  • B
    Hani Yadav v. State of Bihar.
  • C
    Eastern Book Comany v. P.B. Modak.
  • D
    None of the above.
✓

Answer

Correct option: A.
Government of Karnataka v. Gowramma.
In the case of Government of Karnataka v. Gowramma $(2007)$ the Supreme Court held that reliance on the decision without looking into the factual background of the case before it is clearly impermissible. A decision is a precedent on its own facts. Each case presents its own features. It is not everything said by a Judge while giving a judgment that constitutes a precedent. The only thing in a Judges decision binding a party is the principle upon which the case is decided and for this reason, it is important to analyze a decision and isolate from it the ratio decidendi.

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