Judgements of other state high courts
yeteendra naidu
(Querist) 14 October 2013
This query is : Resolved
Is it binding on the A.P. or U.P. High Court or Lower Courts to accept the Judgements of other state High Courts when citation are offered by Advocates while defending a case ?
ANIL AGARWAL
(Expert) 14 October 2013
Yes, it is binding, unless there is judgement of a higher bench or higher court,overruling it or distinguishing it, on the facts of a given case.
Raj Kumar Makkad
(Expert) 14 October 2013
If the judgment of the own high court is available then it shall be relied upon first otherwise the situation shall be same as advised above.
R.K Nanda
(Expert) 14 October 2013
Binding upon lower courts only.
Nadeem Qureshi
(Expert) 14 October 2013
no, the court is not bound to accept others states judgement, it's court discretion but the lower courts are bound to accept their HC judgments.
Devajyoti Barman
(Expert) 14 October 2013
Decisions of HC of other states is not binding upon the lower courts.
ajay sethi
(Expert) 14 October 2013
it has persuasive value . high court will consider judgments of other HC but is not binding .
Surrender K Singal
(Expert) 14 October 2013
If the judgment of the own high court is available then it shall be relied upon first otherwise other high courts can be relied upon in the absence of any citation of own High Court on the issue
Sri Vijayan.A
(Expert) 14 October 2013
I agree with Mr.Makkad and Mr.Singal