Identifying the many aspects of the judgement is essential for

understanding it since it allows you to break it down into smaller,

more manageable chunks.
PARTS OF A JUDICIAL DECISION
Ratio Decidendi literally means ‘reason for deciding’. Therefore, it is
the reason or rationale which is cited as being used to arrive at a
decision in a case by the court. This is the part which is looked out for
while making use of a precedent in a case with similar or related
principles and/or circumstances.
Obiter Dictum is defined as the opinion or incidental remark
expressed by the judge in the court. It is not a crucial factor when it
comes to making a decision but is used to describe the
circumstances. It is also not binding.
As the facts in other cases cannot be similar, the judge’s observations
pertaining to the facts cannot be binding in other cases even if
similar laws apply.

Facts: it is the information that describes the happenings of an event

or circumstance which led to the lawsuit. It is required to
demonstrate the cause of action, whether a crime/wrongdoing has
been perpetrated or not as well as to determine the law which will
be applied to the particular case.
Issue: It is the disputed question of law relating to a particular case
that the court must answer in order to arrive at a decision. It tells the
court as to what the controversy is and what the necessary evidence
must be.
Judgement: It is the final decision of a court that adjudicates and
settles disputes between parties by determining their rights and
obligations.

METHODOLOGY
The methodology that is being followed is doctrinal.

THE CASES PICKED ALONG WITH THE REASON TO DO SO

Vishaka & Ors. V State of Rajasthan & Ors (1997)
The case talks about a woman who raised her voice against and
sought the prevention of the commission of child marriage- an illegal
act but was brutally gang raped by 5 men for it. (Garg, 2020) This
case shows a phenomenal example of judicial activism by employing
international conventions in the absence of specific domestic
legislations to independently form guidelines. Thus, in furtherance of
the honourable supreme court’s attempts at women empowerment,
this case was picked to make ourselves aware of the provisions laid
down.
Kartar singh v. the state of Punjab
This case has prevented the misuse of the right to private defence by
clarifying its scope and usage. It has also highlighted the difference
between common intention and objective and has clarified various
legal concepts and aspects such as unlawful assembly and attempt to
murder that often tend to be confusing.
Donoghue v. Stevenson
This is a case of significant importance in western law that has
contributed to the development of tort law. It has established the
civil tort of negligence as well as the duty of care that a business
owes to its customers. It also produces and makes us aware of what
the ‘neighbour principle’ is.

Preliminary research resources:

https://blog.ipleaders.in/donoghue-v-stevenson-case-analysis
Ansrutha Debnath; December 21, 2021.
https://indianlawportal.co.in/kartar-singh-v-the-state-of-punjab
Versha Singh; August 3, 2020
https://lawwatch.in/framing-of-issues-in-a-civil-suit
K. Rajasekharan. 23rd may, 2021
https://blog.ipleaders.in/case-analysis-vishaka-ors-v-state-of-
rajasthan-ors-1997-6-scc-241-landmark-case-on-sexual-harassment/
Sai Gayatri, November 10, 2020