Art 142
Arvind Singh Chauhan
(Querist) 13 August 2013
This query is : Resolved
Sir,
regarding my previous query-as posted-
http://www.lawyersclubindia.com/experts/My-previous-query-392341.asp#.UgouGxu6ZH0
I have to request to all members, whether My High court's judgment, supersede the judgment of apex court. Keeping in view the Art 142 of constitution, guide me please. I have filed appeal.
Please refer any citation on this point that- older judgment of SC if it is not overruled supersede the latest judgment of High Court.
prabhakar singh
(Expert) 13 August 2013
The Rule of application of judicial precedents is that a supreme court judgement
would be binding upon all courts in INDIA.
The Judgement of any high court is binding on all of it's subordinate courts within state.
The Judgements of other high courts are suggestive but not binding.
THEN IN YOUR CASE JUDGEMENT OF SUPREME COURT WOULD BE BINDING EVEN AGAINST LATEST JUDGEMENT OF YOUR HIGH COURT UNLESS THE SUPREME COURT JUDGEMENT WAS DISCUSSED AND DISTINGUISHED IN THE LATEST JUDGEMENT OF YOUR HIGH COURT.
Rajendra K Goyal
(Expert) 14 August 2013
Your whole series of queries in the following threads referring reference on one to another appears to be academic one. come out with full facts in one thread so that any suggestion can be advised by the experts.
http://www.lawyersclubindia.com/experts/My-previous-query-392341.asp#.UgsEGD-Lq_I
http://www.lawyersclubindia.com/experts/Order-39-rule-2-a-fate-of-the-suit-254346.asp#.UY_JPEo0v2E
It also seems that you want to get your words from the experts.
Arvind Singh Chauhan
(Querist) 15 August 2013
Thanks Prabhakar Sir & Rjendra Sir!
Rajendra Sir! I am agree with you to some extent that "You want to get your words from experts".
But really I am frustrated that when a person seated on the chair of justice ignores the supreme court's judgment in absence of any overruled judgment and decides the case on the basis of judgment of my high court.
I am afraid of, lest appellate court should not do so.
I am also astonished that how high court would have ignored the judgment of SC. Suppose case of supreme court would have not been cited in high court, whether law does not cast any duty on judges of high court, to be acquainted with the law lay down by apex court. Should litigant should suffer such ignorance of mandate of apex court ?
Sir I may be wrong in my case. But who is responsible in such cases ?
Pardon me Sir, but I am feeling help less. Sir I have already shifted my query from expert section to forum, as being a academic discussion also.
