Judicial precedence

The Saint (Querist) 28 November 2014 This query is : Resolved
Dear Experts, please share if state high court order is binding on lower court of another state? A lower court judge of a state refused to see the orders on similar topic from three different state high courts.He asked for same state high court order which I could not find. Please share what can be done.

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Sailesh Kumar Shah (Expert) 28 November 2014
high court order is binding upon its lower court not on the other state's lower court.

ajay sethi (Expert) 29 November 2014
agree with Mr shailesh

Rajendra K Goyal (Expert) 29 November 2014
Other state High court orders are guiding, own state HC orders are binding on lower courts.

Dr J C Vashista (Expert) 29 November 2014
I agree with experts other high court order is persuasive and guiding.

P. Venu (Expert) 29 November 2014
The decisions from other High Courts are not binding; still they are of persuasive value. The judge may ignore it for valid reasons. But he cannot refuse to consider it.

T. Kalaiselvan, Advocate (Expert) 03 December 2014
I think the author is referring to the citations of different high courts on the similar subject for a decision by the trial court. The judge cannot refuse to accept the citation, however a decision may depend on his discretion.

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