The decisions of the Superior Courts of Justice in England .
pratik
(Querist) 25 July 2010
This query is : Resolved
The decisions of the Superior Courts of Justice in England are authoritative precedents recognized by English Law. In our country, Article 141 of the Constitution says that the law declared by the Supreme Court shall be binding on all courts within the territory of India. By this, it is made clear that all courts in India are bound to follow the decisions of the Supreme Court even though the said decisions are contrary to decisions of the House of Lords or of the Privy Council. Privy Council decisions are binding on the High Court so long as the Supreme Court does not overrule them. [PANDURANG KALU Vs. STATE OF MAHARASHTRA (AIR 2003 SC 733)]. The Supreme Court under Article 141 of the Constitution is enjoined to declare law. The law declared by the Supreme Court is the law of the land. It has been held in the case reported in BENGAL IRON CORPORATION Vs. COMMERCIAL TAX OFFICER [1994 (1) Supp. SCC 310] that no doubt a statute is binding, but it is the satute as interpreted by the highest court which is binding on all other courts.
Query : What do u mean by House of Lords & Privy Council in detail because this words are also used under the indian evidence act . So pls elaborate it if possible with the example(S).
Becasue as per the abovementioned article the law of House of Lords & Privy Council also binds to the Supreme court it means it is the highest one among the indian constitution of india & also the apex court.
So pls tell me the meaning along with keeping in mind the indain evidence act also.
Thanks In Advance.
Chanchal Nag Chowdhury
(Expert) 25 July 2010
House of Lords: the highest judicial authority of England.
Privy Council : the highest judicial authority of the Commonwealth, --was the highest judicial authority in British India.
Now, the Supreme court is the apex court.
Remember, India gained freedom in August,1947 but our Constitution & the Supreme court was effected in 1950. The portion U R referring to is for the interim i.e., between 1947 & 1950. It has no application now.
