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It is the ratio decidendi or the general principle, and not the obiter dictum that has the binding effect as a precedent.
It is for the judge to determine ratio decided and to apply it in on the case which he is going to decide.
When an appeal is heard by an even number of the judges and they are equally divided, the practice is that the appeal is deemed to have failed, and it is the resultant negative which is regarded as the precedent for the future.
All the above are correct.
By: Parvesh Mehta ProfileResourcesReport error
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