Ratio decidendi definition

Ratio decidendi in such cases is that the refusal to meet the cheque, under such circumstances, is so obviously injurious to the credit of a trader that the latter can recover, without allegation of special damage, reasonable compensation for the injury done to his credit.”(See Hirat Balogun v. The National Bank of Nigeria Ltd (1978) 3 S.C. 155). But a person who is not a trader or in business is only entitled to nominal damages for the wrong-b ful dishonour of his cheque. He is not entitled to recoversubstantial damages for such wrongful dishonour of his cheque, unless the damages which he suffered is alleged and proved as special damages. (See Gibbons v. Westminsterc Bank Ltd (1939) 2 K.B. 882 at 888 and also Rae v. Yorkshire Bank Plc (1988) B.T.L.C. 35 C.A.) Where a non-trader whowas unable to prove special damage was awarded only nominal damages for the wrongful dishonour of his cheque.d In the present case, however, the respondent was at all ma- terial times admittedly a trading customer of the appellant. His cheque, exhibit A, was unlawfully dishonoured by the appellant at a time he had enough funds in his account num-e ber 1028 which he operated in the running of his New World Supermarket business. It cannot be in dispute that he was en- titled to an award of substantial damages, having proved that his cheque, exhibit A, was wrongfully dishonoured by the ap-f pellant. The vital question is whether the award of N72,000 exemplary damages made by the trial court to the appellantand affirmed by the court below is justifiable in law.In order to justify reversing the trial Judge on the question g of the amount of damages awarded, it will generally be nec- essary that the Appellate Court should be convinced eitherthat:–
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. -a Latin expression means ‘the reason for deciding.’

Examples of Ratio decidendi in a sentence

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.

UNIT 2: SOURCES OF LAW 10 Hrs.Meaning; Primary and Secondary sources; Custom; Precedent- Categories of precedents, dissenting and concurring opinion, overruling of judgments, Article 141 of the Constitution; stare decisis, Ratio decidendi- Tests to determine ratio decidendi, obiter dictum; Legislations, Juristic writings; Justice, Equity and Good Conscience, International law as a source of Municipal Law.

Ratio decidendi must be distinguished from obiter dicta, that is, what the judge declares without it being absolutely necessary.

Ratio decidendi equitable rights precedent obiter dicta unwritten law remedies statute law equity remoteness of damages common law the doctrine of precedent delegated legislation specific performance recognized as a valid custom dissenting judgement trade union 1.

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.

If a precedent is previous decision of a lower court, it will have persuasive force only and the present court is not bound to follow it. Ratio decidendi.

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

Ratio decidendi Hakim dapat diartikan sebagai pikiran hakim yang menentukan seorang Hakim membuat amar putusan.3 Dalam setiap putusan hakim terdapat alasan yang menentukan atau inti-inti yang menentukan dalam pembuatan putusan.

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.

Both d) None of theseii) Duguits theory is specifically known as theory.a) Social Contract b) Social Engineeringc) Social Solidarity d) None of theseiii) is considered and followed by lower courts as precedent.a) Ratio decidendi b) Obiter dictumc) Both d) None of theseiv) According to which school of law “Law should be found not made” ?a) Analytical b) Sociologicalc) Historical d) Naturalv) According to Austins theory may be called as ‘imperative theory’.a) Prof.

Related to Ratio decidendi

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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.
Step-Up has the meaning set forth in the form of the Security contained in Section 202.
ISO-NE Tariff means ISO-NE’s Transmission, Markets and Services Tariff, FERC Electric Tariff No. 3, as amended from time to 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.
Target Distribution means each of the Minimum Quarterly Distribution, the First Target Distribution, Second Target Distribution and Third Target Distribution.
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.
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;
Target Distributions means, collectively, the First Target Distribution, Second Target Distribution and Third Target Distribution.
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.
Digital Signal Level 0 (DS-0 means the lowest-level signal in the time division multiplex digital hierarchy, and represents a voice-grade channel operating at either the 56 Kbps or 64 Kbps transmission bit rates. There are twenty-four (24) DS-0 channels in a DS-1.
Breakpoint chlorination means the addition of a sufficient amount of chlorine to water to destroy the combined chlorine present.
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.
NI 51-102 means National Instrument 51-102 – Continuous Disclosure Obligations;
NI 81-102 means National Instrument 81-102 Investment Funds of the Canadian Securities Administrators, as it may be amended or replaced from time to time.
Statewide popular election means a general election in which votes are cast for presidential slates by individual voters and counted on a statewide basis.
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;
Annual Turnover means the actual Turnover achieved during Your first year of operations, from the commencement of Your Business to the date of the Damage, converted to a 12-month equivalent figure.