TMI Blog2007 (12) TMI 447X X X X Extracts X X X X X X X X Extracts X X X X ..... the present appeal filed a Suit for recovery of a sum of ₹ 1,47,965.20 on the ground that being owners of the Trees which were transported to the Government godown on the basis of the permission granted by the present appellants, the value of the Trees has to be paid by the government. 4. The case of the plaintiff, as culled out from the averments in the plaint is that they are the owners of the suit schedule property. The plaintiffs and their predecessor had drown silver wood, jungle wood and other varieties of trees in the schedule land by spending lot of money and had cultivated the said land with coffee crop. In order to regulate the shade in the schedule property and also for cutting and felling of silver wood, jungle wood and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... fore the High Court, which, by the impugned judgment, accepted the stand of the plaintiffs. For granting relief to the plaintiffs, i.e. the present respondents, reliance was placed on certain judgments of the High Court where it was held that in respect of reserved trees, the ownership was not with the Government but was with the owner of the land. Accordingly, as noted above, the appeal was allowed. 6. In support of the appeal, learned counsel for the appellant-State submitted that the grant of permission was governed by the Karnataka Preservation of Trees Act, 1976 (in short the Act'). Permission is required for felling of all trees irrespective of whether they are situated in private or in government land. The permission undisput ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nd of the State and its functionaries that in the absence of any challenge to the conditions stipulated in the permission granted, it was not open to the plaintiffs to claim value of the Timber. The High Court, in the impugned judgment, referred to some judgments rendered in writ petitions. 9. Reliance on the decision without looking into the factual background of the case before it is clearly impermissible. A decision is a precedent on its own facts. Each case presents its own features. It is not everything said by a Judge while giving a judgment that constitutes a precedent. The only thing in a Judge s decision binding a party is the principle upon which the case is decided and for this reason it is important to analyse a decision and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... which such expressions are found and a case is only an authority for what it actually decides. 10. 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 Euclid s 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. J ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in the matter of applying precedents have become locus classicus: Each case depends on its own facts and a close similarity between one case and another is not enough because even a single significant detail may alter the entire aspect, in deciding such cases, one should avoid the temptation to decide cases (as said by Cordozo) by matching the colour of one case against the colour of another. To decide therefore, on which side of the line a case falls, the broad resemblance to another case is not at all decisive. *** *** *** Precedent should be followed only so far as it marks the path of justice, but you must cut the dead wood and trim off the side branches else you will find yourself lost in thickets and branches. My plea ..... X X X X Extracts X X X X X X X X Extracts X X X X
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