Binding precedent.
Querist :
Anonymous
(Querist) 03 July 2011
This query is : Resolved
Question: Hon,ble SC has passed an order in a crl SLP that is" Heard learned counsel for the parties. The cause in this Special Leave Petition does not survive. Therefore, no orders are required to be passed. This Special Leave Petition is, accordingly, stand
dismissed.
Kindly explain me meaning of this order.
Answer: The Supreme Court has held that there is no merit in the Criminal SLP and therefore dismissed the SLP. The SLP is is dismissed and orders of High Court has attained finality. Nothing more.
Query: So the HC order is final. It means SLP which has been dismissed cannot be used as a binding precedent. Can we say that any case which is dismissed by any court can not be used as a binding precedent? Binding precedent is not applicable to any dismissed cases.
Raj Kumar Makkad
(Expert) 05 July 2011
If any law has been laid down or the law has been discussed necessitating SC to dismiss SLP then definitely such verdict may become precedent means a citation to be followed further.
