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ramamani (practice)     01 March 2011

common judgment or relied on judgment

In an appeal filed by the department in the high court, the high court of delhi passed an order allowing the appeal relying on its own judgment of earlier date on the same question of law by merely saying that "this matter  is covered by the judgment in the appeal titled XXXX and accodingly this appeal is allowed".

Under the circumstances, whether it can be termed as common judgment?

 



Learning

 1 Replies


(Guest)

no it is not a common judgement, same set of facts has been re affirmed and decision already rendered and followed.  It is a ratio decidenti


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