Activity

Students of UID 1-20

 Summary

Facts Issues Judgement

Identification of
Dicta
Nature and scope of the expression
"Direction":

• Directions must be given by the authority or court empowered to give them.

•Directions may mean an order issued to a particular individual or a percept which many may have to follow.
•They shouldn't be vague, absurd, sweeping or affected by sarcasm.
•They should be specific, simple , clear, just and proper in facts and circumstances of the case.
• It is an act of governing, ordering or ruling.
• Directions issued are in the nature of command or authoritative instructions.
What can be called as an Obiter Dicta.

•An expression which not necessary to support the decision or not using it will not affect negatively to the order passed by
court.
•Any observation, remark statement made by court with reference to the order is called an Obiter Dicta.
•An Obiter Dicta is a judicial comment passed through a judicial order.
•It can be considered as general view of court and its opinion regarding the present issue or dispute.
•The Obiter Dicta are opinions or remarks of court which does not affect the ruling. This can made one specific point
without considering whole argument therefore they don’t have any binding judicial effect.
•The Obiter Dicta lacks force of adjudication.
•An Obiter Dicta can be general and will not impact the case which is present in front of court.
•An Obiter Dicta statements and their nature as stated above, they are not binding on other courts, but they can influence
other courts.
•Some Obiter Dicta includes the reference of stand of other judges in other cases which are not reported.
•An Obiter Dicta not part of ratio decidendi.
Nature of order passed by the special judge:

•In this way from above record produced, even prima facie, [it is evident that the accused had made secrete plot
(durabhi sandhi) with Shri B.D. Gautam the Director of Olphert Company with conspiracy and purchased land
of Olphert Company on higher rate and caused 3 financial loss over four crores to the Government which there
are sufficient grounds for taking cognizance against the accused persons. ]- mere observation from the case
•Accused person Shri Raghav Chandra is posted as Commissioner of M.P. Housing Board and Shri Ram
Meshram is posted as Land Acquiring Officer in M.P. Housing Board and Shri Shahjaad Khan while remaining
posted as Collector, all above accused persons working as Government servant, while discharging their
government duties, committed above crime under section 19 of Anti Corruption Act 1988, it is necessary to
obtain sanction to prosecute Government Servant U/S 13 of Anti-Corruption Act. [Therefore, matter may be
taken up seeking necessary sanction to prosecute the accused persons Raghav Chandra, Shri Ram Meshram and
Shahjaad Khan to prosecute them under Section 13 (1-d), 13 (2) Anti Corruption Act and under Section 120-B
I.P.C. and for necessary further action, case be registered in the criminal case diary.” ]- use of vague and
uncertain word such as 'maybe' which suggests future possiblity of the prosecution, but dose not provide a clear
direction to prosecute.
• Wordings of the order are not in nature of command or instruction.
• Order is not specific or clear to direct or address authority to perform any act.
• Wholistic reading suggests it's nature to be that of dicta.
•Importance of Obiter Dictum
 1. Importance
• Marking its territory - "like an Ostrich"
• Acts as deterrence-"Delhi HC will hang anyone obstructing oxygen supply“
• Stricter action next time - "designated places“ "indefinitely“
• Showing its presence- "Beg borrow, steal it is your job to get oxygen“
• Dicta Creates public pressure - "murderers" : Madras HC
• Image of judiciary
• Establishing the gravity of the decision

2. Importance of Obiter Dicta in the case of Arvind Kumar vs. State Of M.P.
Conclusion
•It is an expression, observation, remark statement made by court with reference to the order .
•Obiter Dicta is influential statement given by a judicial officer, it is not directly related to case, but it has it is
own significance as statement given by judge.
•Its persuasive value depends on how influential the substance of obiter dicta is.