AIR 1955 BOMBAY 113 ::56 Bom LR 1156

Bombay High Court

Hon'ble Judge(s): Chagla , C.J. AND Shah , J

(A) Precedents - Obiter dicta. Civil P.C. (5 of 1908) , Preamble— At a time when the Judicial Committee of the Privy Council was the highest judicial tribunal in the Empire, as it then was, the Courts in India felt that it would be in the interests of judicial uniformity and judicial discipline if not only they accepted the decisions of the Privy Council, which indeed were binding upon them, but also accepted the obiter dicta of the Privy Council as binding upon them. The feeling was that, if the Privy Council expressed an opinion on a point which, although not necessary for decision, clearly indicated the opinion formed by the Privy Council on a question of law, then the Courts in India should accept that as an authoritative pronouncement on the particular Aspect of the law and treat that pronouncement as binding. The Supreme Court has now taken the place of the Privy Council and the Courts must show the same respect for the obiter dicta of the Supreme Court that the Courts did for those of the Privy Council. The Supreme Court is the highest judicial tribunal in India to-day and it is as much necessary in the interests of judicial uniformity and judicial discipline that all the High Courts must accept as binding the obiter dicta of the Supreme Court in the same spirit as the High Courts accepted the obiter dicta of the Privy Council.(Para 5) ....