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Lower Court turn blind eye to Supreme Court Judgement?

Page no : 2

Parveen Kr. Aggarwal (Advocate)     21 December 2009

But the ratio decidendi of a Supreme Court Judgment is binding on all the courts by virtue of provision contained in Article 141 of the Constitution of India. So, as per the query put by Assumi Sir, if a lower court ignores a Supreme Court Judgment then certainly that lower court is liable for contempt of court.

sunil pagare (lawyer)     22 December 2009

Lower court will held that facts of the case are different from judgement of Supreme court in such circumstances you need to file an appeal. My opinion is no contempt can filed

Parveen Kr. Aggarwal (Advocate)     22 December 2009

If the facts are different then there arises no question of application of any Judgment whatsoever. But in the given situtation (as put by Assumi Sir) we begin with the presumption that the Judgment of Supreme Court applies to the facts of the case.

 

Assumi Sir, your comments please.

girishankar (manager)     16 February 2010

Thanks


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