Doctrine of merger
udayan
(Querist) 21 May 2012
This query is : Resolved
In doctrine of merger, the order of lower court merges into higher courts judgement.If the higher court doesn't discuss all the points discussed all the points which are there in lower courts judgement,what happens to points which are not discussed are they still good law or not? urgent plz help
ajay sethi
(Expert) 21 May 2012
court need not pass an order dealing with all issues raised by petitioner . if the court is convinced on hearing on some issuess that you have a good case on merits court passes an order in your favour
udayan
(Querist) 21 May 2012
sir my question is little different i want to know that in case where say SC has not discussed all the points on which HC gave its judgement and SC passes a judgement in favor of us reaffirming the decision of HC but does not disscus all points which were discussed by HC points not discussed by SC will they be good law?
Shonee Kapoor
(Expert) 22 May 2012
Yes or No.
It would differ from case to case.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Amit Pateria
(Expert) 23 May 2012
Dear Udayan,
As you know that unlike HC, the SC is all about pure "question of law" of utmost public importance.
So if you thik that there is some eror apperrant on the face of the SC judgment or miscarriage of justice has been caused then appropriate remedy is review.
Hope this helps.
