law of lands

Guest (Querist) 12 December 2010 This query is : Resolved
What is law of lands?
If supreme court decides an issue and delivers grave injustice to a party,does it become a law and applicable similarly to all similar matters ?

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SAANJAAY GUPTAA (Expert) 12 December 2010
Laws Passes by the Parliament is called law of land to protect right, interest and title of citizen of india and called Law of land.
how can you say If supreme court decided an issue and delivers grave injustice to a party and sametime justice to another party. It varies from matter to matter and you can not get same order always on look alike matter.

s.subramanian (Expert) 12 December 2010
At the outset I must state the decision of the Supreme Court becomes the law as per Art.141 of the Constitution of India. If it causes injustice,it is always open to the aggrieved to seek a review of the same.

Arun Kumar Bhagat (Expert) 12 December 2010
Laws are framed by Parliament and State Legislature under Article 245 of the constitution.Supreme Court or High Court interpretate the law i.e. called subordinate legislation. Even Govt. bodies are also entitled to formulate their rules and regulations viz. RBI, LIC, Municipal Corpn. etc.

Guest (Expert) 12 December 2010
Judgments of Supreme Court or High Courts are not law but Art. 141 declares that " Law declared by Supreme Court to be binding on all courts" Law of the land mean the law of the country as enacted by the Legislative wing of that country.

M V Gupta (Expert) 15 December 2010
I would like to add that all judgements of the Supreme Court (SC) would not be binding in all cases. Only judgemenrts in rem would bind not only the parties to the litiagation but also all other matters of similar nature. However judgements in personem would be binding only on the parties to the case. The former type of judgements involve interpretation of the laws passed by the Parliament or the State legislatures or contain pronouncements on prionciples of equity. The later type are judgements based on facts of the given case not laying down any new pricnciples of law or equity.

Guest (Expert) 16 December 2010
Facts of the cases always differs thus opinion on fact is not law . It is opinion on point of law that is final until reviewed by the Supreme Court itself or the provisions of law got amended by Parliament.

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