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 _____________________.
Explanation:
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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