SANJAY KUMAR (Lawyer) 29 July 2015
What if if plethora of the Supreme Court Case laws are brushed aside by a Hon'ble single Bench of the High Court Without any ratio or without taking any notice in sheer disregard of Civil Procedure Code,1908 provision under Rule 2 OrderXIV. which stipulates the Court to pronounce judgement on all issues ?
Could there be separate writ in the same High Court for enforcement of Art. 141 ?
Or is it a Contempt of Court remedy to which could be sought as such ?
Biswanath Roy (Advocate) 03 August 2015
Supreme Court judgement including ratios laid down therein is to be treated as Rule which must be obeyed by the subordinate Courts in same, similar and identical cases more particularly where issues related to under the particular provision of law is the same.If at the time of argument a counsel fails to establish the issue raised as same , similar and identical to that of the issue dealt with in Supreme Court case, the court below may hold disimilar views.which does not attract the provision of Law of Contempt.
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