Obiter dictum (singular) – dicta (plural)

 

Obiter dictum (singular) – dicta (plural)

 

It is a word mostly used in legal parlance. The words are supposed to appear in ‘italics’.

 

Origin :: Latin phrase basically meaning ‘by the way’

 

Pronunciation  :::   Aa-bi-ter dictum  -  ஆ(b)பிடெர்  (d)டிக்டம்

 

Meaning:

 

An incidental remark or passing reference made by a judge, but not essential to or part of his judgment and so not binding on anyone –  A judge's expression of opinion uttered while discussing point(s) of law or facts, and while giving his judgement. It has no compulsory binding effect or authority. Generally, the ‘obiter dictum’ opinions and observations of the judge(s) do carry values but still they are not orders passed to be followed by the parties to the case/lower courts concerned.

 

யாரையும் கட்டுபடுத்தாத நீதிபதியின் ஒரு கருத்து, தீர்ப்பின் புறவுறை

 

Example sentences:

 

After all, what the judge said was only obiter. The judge’s non-binding observations are the obiter dicta.

 

Though not legally binding, I accept the personal views of the judge, expressed as obiter dicta in the court.

 

The Court also suggested ‘obiter dictum’ that the rule ought not to apply in cases where its application would produce manifest inconvenience and absurdity.

 

However, such comments are not necessary for the final decision in the case, and in law are only ‘obiter dictum’, not legally binding on anyone including the parties to the case and lower courts, including the subsequent higher court(s) to which the case will be referred and/or appealed against.

Proverb:

 

நா அசைய நாடு அசையும்.

The allusion is to a despotic ruler whose word is law.

 

(R.SAMPATH)

28/8/2020