Binding force of HC judgment of other State
Rima
(Querist) 21 May 2010
This query is : Resolved
Whether any order passed by Bombay HC is binding on Lower Court of other State??
Can a Magistrate refuse to consider the Judgment passed by the HC of other State?
In a point of law where there is no SC rulling.
Guest
(Expert) 21 May 2010
NANDKUMAR B.SAWANT ,M.COM.LL.B.(MUMBAI),ADVOCATE
MOBILE.9271971251,9960223100
e.mail.adv.nbsawant@yahoo.co.in
e.mail.nandkumarbs@sify.com
REGARDING THE BOMBAY HC JUDGEMENT AND APPLICABILITY TO COURT OF OTHER STATE KINDLY NOTE THAT.
1.ALL CASES ARE DECIDED ON FACTS AND DOCUMENTS AND EVIDENCE PLACED ON RECORD.
CITATIONS ARE GUIDING FACTORS.SUPREME COURT JUDGEMENTS ARE FOLLOWED BY LOWER COURTS FOR DECIDING SIMILAR MATTERS.
BUT IN CASE SC JUDGEMENTS ARE NOTE AVAILABLE THEN OTHER HIGH COURT JUDGEMENTS IF PRODUCED CAN BE CONSIDERED .BUT KINDLY NOTE THAT APPLICABILITY OF THE ACT AND ANY STATE AMMENDMENTS WILL BE CONSIDERED.
YOU MAY KINDLY WRITE OR CALL OR SMS AND SEND DETAILS SO THAT WILL HELP YOU .
WITH BEST REGARDS TO YOU YOUR FAMILY AND FRIENDS..
THANKS.
YOURS SINCERELY
NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE
B K Raghavendra Rao
(Expert) 21 May 2010
Orders passed by a High Court is not binding on the lower courts of the other states. However, it could only be of referral value.
Pankaj Mehta
(Expert) 21 May 2010
I agree with the views of Mr.Rao
bhupender sharma
(Expert) 21 May 2010
it may have no binding force with respect to the concerned magistrate who is in direct supervision of the concerned highcourt, therefore it would be more appropriate to appreciate the law eunciated by the proper jurisdiction.
mahendrakumar
(Expert) 21 May 2010
even though it has no binding force, such verdicts of other hc do influence lower courts.
G. ARAVINTHAN
(Expert) 22 May 2010
The Judgement of High Court can be referred in subordinate courts of other States
G. ARAVINTHAN
(Expert) 22 May 2010
if there is no state amendment, then the said judgement of High Court must be followed
N.K.Assumi
(Expert) 22 May 2010
Thew Judgement of Other High Court can be referred but it has only persuasive value and it is only when there is no ruling covering the matter, byt already decided by the other High Court it can be relied.
O. Mahalakshmi
(Expert) 28 May 2010
Why not the lower courts should binding on the HC judgments. When there is no similar case laws in SC judgments then, we have to follow the other states.
