SUPREME COURT: DECISION CANNOT BE RELIED ON WITHOUT CONSIDERING THE FACTUAL SITUATION. The Courts should not place reliance on decisions without discussing as to how the factual situation fits in with the fact situation of the decision on which reliance is placed. Observations of Courts are neither to be read as Euclids theorems nor as provisions of the statute and that too taken out of their context. These observations must be read in the context in which they appear to have been stated. Judgments of Courts are not to be construed as statutes. To interpret words, phrases and provisions of a statute, it may become necessary for judges to embark into lengthy discussions but the discussion is meant to explain and not to define. Judges interpret statutes, they do not interpret judgments. They interpret words of statutes; their words are not to be interpreted as statutes. BHARAT PETROLEUM CORPORATION LTD. V. N. R. VAIRAMANI, 2004 (8) SCC 579 APPEAL (CIVIL) 7467 OF 2003
Posted on: Sun, 28 Sep 2014 05:50:00 +0000
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