The All India Reporter 1930 - Journal Section Containing Short Notes and Comments Original Articles Critical Notes Reviews of Books Etc. Citation: A.I.R. 1930 Journal

To report obiter dicta is to give to the Reports the functions of legal treatises which was n)t apparently the intention of the founders of the Indian Law Reports In the Indian as in the English Law Reports the favourite form is a resume of the facts followed by a short statement of the decision of the Court thereon. [...] But the re- porter informs us in his head-note of the nature of the mortgaged property the amount of the mortgage moneys and the various stages with the exact dates of the litigation in the High Court and the lower Court between the mortgagee and the mortgagor. [...] (478. 479) which sets out a preli- minary order of a Divisional Court remitting the case to the lower Court for findings of fact occupying about three-fourths of a page and also the order of reference to the Full Bench occupying about a page and a quarter the former order is of course wholly irrelevant and the latter is really obiter dictum and contains a view of a previous case different from that [...] Nevertheless the reporter has filled ten pages with a statement of facts the judgment of the High Court and the entire judgment of the Privy Council which sets out the exact terms of the mortgage deed and the history of the suit in the lower Courts. [...] Only that portion of the judgment should be given which deals with the point for the sake of which the case was reported and the reporter should also eliminate all recitals of the evidence and the reasoning of the Court thereon.