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Unformatted text preview: man without legal justification refused to carry out his marriage promise, he cant demand for the gift back. That was the ratio decedendi. 5. The statement which shows Obiter Dicta was If the engagement to marry be dissolved by mutual consent, then in the absence of agreement to contrary the engagement ring and the like gifts must, I think be returned by each party to the other. . If the marriage does not take place either through the death of, or through disability recognised by law on the part of the person giving the ring or other conditional gift, then I take the view that in such case the condition is to be implied that the gift shall be returned. This was an Obiter Dicta because its a statement thats not based on facts as found or something that has no final decision of the case. 6. Main functions of judiciary are ultra vires and unreasonableness. 7. 8....
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- Spring '10