Final Relief Granted Need Not Be Natural Consequence Of Ratio Decidendi Of Judgment: Supreme Court

  • Post category:Daily Judgments
  • Reading time:4 mins read

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.”

Previous Posts

Supreme Court Refuses To Express Views On Discontinuation Of Reservation; Moots Periodical Review Of Data On Inadequate Representation

Before Providing Reservation In Promotions To A Cadre, State Obligated To Collect Quantifiable Data Regarding Inadequacy Of Representation Of SC/STs: Supreme Court

Experiment is Not An Ordinary Measure; Must Be Resorted To Sparingly And in Extraordinary Circumstances: Supreme Court

Suspension Of MLA Beyond Ongoing Session Unconstitutional As Constituency Remains Unrepresented: Supreme Court

No Place For Disorderly Conduct In Parliament Or State Assembly; Disruption Of Legislative Business Disheartening: Supreme Court

Existence Of Alternate Remedy Does Not Bar Exercise Of Writ Jurisdiction If Order Is Challenged For Want Of Jurisdiction: Supreme Court Download Judgement