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Jamai Of Law (propra)     17 June 2011

What is first appeal defective as shown on Allahabad HC

On the website of 'HIGH COURT OF JUDICATURE AT ALLAHABAD'

 

I get to see many cases with case type given as:

 

 

Case :- FIRST APPEAL DEFECTIVE No. -  of 

 

 

What is the meaning of   "FIRST APPEAL DEFECTIVE" ?

 

 

 

Does that suggest that the citation has become defective or no longer has existance due to SC's subsequent ruling on it? Are these cases NOT supposed to be used as a citation? are these citations overruled and set aside by Supreme Court?

 

 

This also raises another doubt :-

 

 

How to find if any High court citation has been overruled and set aside by the Supreme Court or Not? Otherwise, if anyone uses any such citation of HC (which is set aside by SC) it may result in falling on the nose!!

 

 

Please give your experienced reply.

Regards



Learning

 1 Replies

pratik (self working)     17 June 2011

good like to know with related to bombay high court.


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