Ratio decidendi definition

Ratio decidendi. -a Latin expression means ‘the reason for deciding.’
Ratio decidendi means the reason or the principle upon which the case has been decided by the higher Courts and only this much is binding on the subordinate courts while applying the earlier decision. The ratio decidendi can be ascertained by an analysis of facts. There is a difference between the ratio decidendi or the basis of reasons or the principles underlying a decision and the ultimate relief granted or manner of disposal adopted in a given case.2 In another case Krishna Kumar vs.Union of India and others,3 it has been observed that: 1 AIR 1989 SC 19332 Executive Engineer vs. N.C. Budharaj, (2001) 2 SCC 723 (1990) 4 SCC 207
Ratio decidendi. Held: Auctions – are generally invitations to treat, and bids are the offers » Tenders Harvela Investments Ltd v Royal Trust Co of Canada (CI) Ltd [1986] 1 AC 207 Material Facts House of Lords -Royal Trust sent telex to two other shareholders “inviting” them to make a “single offer” for its shares in A Xxxxxx & Co Ltd - “if any offer made by you is the highest offer received we bind ourselves to accept... provided [it] complies with the terms...’ - Harvela submitted an offer of $2,175,000 - Xxxxxxxxxxx’x offer was for “$2,100,000, or $101,000 in excess of any other offer

Examples of Ratio decidendi in a sentence

  • Ratio decidendi (grounds for decision, principles of the case).53.

  • Conduct studies, analyses, and simulations to develop performance requirements or design criteria,B.

  • Precedent -Authority of precedent -Circumstances destroying or weakening precedent -Ratio decidendi -Obiter dicta.

  • Ratio decidendi and Obiter dicta—Merits and demerits of precedents4.

  • Ratio decidendi (hereinafter referred as the “ratio”) consists of the legal principles that the court applied to the material facts in order to arrive at its decision.

  • Ratio decidendi is different from the decision of the Court in that it comprises the legal reasoning which forms the basis of the decision and it is this legal reasoning which ultimately finds its place in the doctrine of stare decisis and binding precedent.

  • Ratio decidendi: When one executant discharged his liability arising from Joint liability, departing of decrees in such cases would cause inconsistency.

  • Socio-legal research, Doctrinal and non-doctrinal research, Computerized research, Relevance of empirical research.2. Legislative research material, Decisional research material, Ratio decidendi and obiter dicta, Juristic writing3.

  • Ratio decidendi: if any right or liability is to be determined against joint possession and interest, the suit as a whole is to be sat-aside in spite of whether notice served or prevented from sufficient cause.

  • Analysis of any judgment may show the following result:[i] Ratio decidendi – reasons for deciding the legal point, which is binding.[ii] Obiter dicta – decision on points not necessary to decide.

Related to Ratio decidendi

  • Annual summative evaluation rating means an annual evaluation rating that is based on appraisals of educator practice and student performance, and includes all measures captured in a teacher’s evaluation rubric. The four summative performance categories are ineffective, partially effective, effective, and highly effective.

  • Whole effluent toxicity means the aggregate toxic effect of an effluent measured directly by a toxicity test.

  • Tyre size designation means a designation showing:

  • Second Target Distribution means $0.4375 per Unit per Quarter (or, with respect to the period commencing on the Closing Date and ending on September 30, 2005, it means the product of $0.4375 multiplied by a fraction of which the numerator is equal to the number of days in such period and of which the denominator is 92), subject to adjustment in accordance with Section 6.6 and Section 6.9.

  • ISO-NE Tariff means ISO-NE’s Transmission, Markets and Services Tariff, FERC Electric Tariff No. 3, as amended from time to time.

  • Unilateral Change Order (ULCO means a Change Order issued by Owner without the complete agreement of Contractor, as to cost and/or time.

  • Yearly (1/Year) sampling frequency means the sampling shall be done in the month of September, unless specifically identified otherwise in the effluent limitations and monitoring requirements table.

  • Third Target Distribution means $0.5250 per Unit per Quarter (or, with respect to the period commencing on the Closing Date and ending on September 30, 2005, it means the product of $0.5250 multiplied by a fraction of which the numerator is equal to the number of days in such period and of which the denominator is 92), subject to adjustment in accordance with Section 6.6 and Section 6.9.

  • Proposal Due Date and Time means the date and time specified in the Request for Proposal as the deadline for submitting Proposals.

  • Semi-annual (2/Year) sampling frequency means the sampling shall be done during the months of June and December, unless specifically identified otherwise.

  • MI 11-102 means Multilateral Instrument 11-102 – Passport System;

  • Expiry Date (Data di Scadenza) means the "Expiry Date" as specified in § 1 of the Product and Underlying Data.

  • First Target Distribution means $0.4025 per Unit per Quarter (or, with respect to the period commencing on the Closing Date and ending on September 30, 2005, it means the product of $0.4025 multiplied by a fraction of which the numerator is the number of days in such period, and of which the denominator is 92), subject to adjustment in accordance with Section 6.6 and Section 6.9.

  • Yearly (1/Year) sampling frequency means the sampling shall be done in the month of September, unless specifically identified otherwise in the effluent limitations and monitoring requirements table.

  • Semi-annual (2/Year) sampling frequency means the sampling shall be done during the months of June and December, unless specifically identified otherwise.

  • Instantaneous flow measurement means the flow measured during the minimum time required for the flow-measuring device or method to produce a result in that instance. To the extent practical, instantaneous flow measurements coincide with the collection of any grab samples required for the same sampling period so that together the samples and flow are representative of the discharge during that sampling period.

  • Quarterly (1/Quarter) sampling frequency means the sampling shall be done in the months of March, June, August, and December, unless specifically identified otherwise in the Effluent Limitations and Monitoring Requirements table.

  • State Budget Director means the individual appointed by the Governor pursuant to Section 321 of The Management and Budget Act, 1984 PA 431, MCL 18.1321.

  • AHYDO Catch-Up Payment means any payment on any Indebtedness that would be necessary to avoid such Indebtedness being characterized as an “applicable high yield discount obligation” under Section 163(i) of the Code.

  • Statewide special election means a special election called by the governor or the

  • NI 51-102 means National Instrument 51-102 – Continuous Disclosure Obligations;

  • NI 81-102 means National Instrument 81-102 – Investment Funds.

  • Statewide popular election means a general election in which

  • DWP Offshoring Policy means the Authority’s policy and procedures as advised to the Contractor by the Authority from time to time.

  • Distribution Tariff means the Distribution Tariff prepared by the Company and approved by the Commission on an interim or final basis, as the case may be;

  • SOFR IndexStart means the SOFR Index value on the day which is two U.S. Government Securities Business Days preceding the first date of the relevant Interest Period (an "Index Determination Date"); and