Final Relief Granted Need Not Be Natural Consequence Of Ratio Decidendi Of Judgment
Case: B.B. Patel vs DLF Universal Ltd
Coram: Justices L. Nageswara Rao, BR Gavai and BV Nagarathna
Case No.: CA 1106 of 2009
Court Observation: “It is settled law that final relief granted by this Court need not be the natural consequences of the ratio decidendi of its judgment. Though, we have upheld the order of MRTP Commission, in the interest of justice, the respondent shall handover possession of the flats to the appellants on payment of Rs.25,00,000/- (Rupees Twenty-Five Lakhs Only) for each flat by the appellants.”
“The reasons for the decision or the ratio decidendi is not the final order containing the decision. In fact, in a judgment of this Court, though the ratio decidendi may point to a particular result, the decision (final order relating to relief) may be different and not a natural consequence of the ratio decidendi of the judgment. This may happen either on account of any subsequent event or the need to mould the relief to do complete justice in the matter. It is the ratio decidendi of a judgment and not the final order in the judgment, which forms a precedent. The term ‘judgment’ and ‘decision’ are used, rather loosely, to refer to the entire judgment or the final order or the ratio decidendi of a judgment.”
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