Practicing Success
Practicing Success
CUET Preparation Today
| A a court dismisses a case due to lack of jurisdiction. In its order, the court,however, offers opinions on merits of a case. In such a scenario, these opinions constitutes _______________. |
Nemo debt non quad habit Obiter dicta Noscitur a Sociis Per Incuriam |
| Obiter dicta |
| Obiter Dicta: It is a Latin phrase meaning “that which is said in passing,” an incidental statement. Specifically, in law, it refers to a passage in a judicial opinion which is not necessary for the decision of the case before the court. Obiter dicta can be passing comments, opinions or examples provided by a judge. Statements constituting obiter dicta are therefore not binding. For example, if a court dismisses a case due to lack of jurisdiction and offers opinions on merits of a case, then these opinions constitutes obiter dicta. An incidental and collateral opinion that is uttered by a judge but is not binding. |
