Precedential value of High Court Judgments
venkatesh Rao
(Querist) 13 December 2009
This query is : Resolved
Sir/Madam,
let me know whether a subordinate judge (say, a magistrate) in Karnataka in bound by a single judge's judgment of Delhi High Court when no contradicting judgments of either the Karnataka High Court or The Supreme Court is available?
Whether a High Court can strike down any provisions of the Central Acts?
Whether slighting the judgments of persuasive value by a subordinate judge amounts to contempt?
Devajyoti Barman
(Expert) 13 December 2009
A subordinate judge is bound to consider the judgment if only passed by the the High Court of the State to which it belong not the High Court as you mentioned.
High Court can strike down any provision of the Act,Central or State if it is found to be ultra vires of the Act or unconstitutional.
It is not easy to draw contempt proceeding as the subordinate court can safely state that the decision/precedent is not applicable to the facts situation of the case in its hand.
N.K.Assumi
(Expert) 13 December 2009
Agreed with Barman.
adv. rajeev ( rajoo )
(Expert) 13 December 2009
I also agree with Barman. In case of no contradictory judgements of no judgements of Karnataka High Court then the judgement of the High court of Delhi can be referred.
adv. rajeev ( rajoo )
(Expert) 13 December 2009
in absence of our own high court(karnataka) judgements delhi high court judgements can be considered.
aman kumar
(Expert) 17 December 2009
agree with Barman Sir
