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lissing perme (unemployed)     02 May 2012

Binding effect of supreme court judegment

Respected Members,

What is precedence value of supreme court assumption while delivering the judgment.Do this assumption have binding effect on lower court.



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 4 Replies

Rajesh Hazra (Mediator and Legal Counsel )     03 May 2012

Yes they have . 

lissing perme (unemployed)     03 May 2012

@Rajesh Hazraji!!

Sir!! could you please elaborate your answer i.e How?? Any leading cases in this regard???

THanks for reply.

Kumar Doab (FIN)     18 May 2012

Mr. Hazare has calready clarified that SC judgement sets precedence.

Kindly attach the judgement.

lissing perme (unemployed)     19 May 2012

@ Kumar Doab Sir!! my question is about the precedence value of Supreme Court 'ASSUMPTION' while delivering the judgement not the judgement itself. Supreme Court in it Answer-scriptt judgement on 09-09-2011 made a assumption that if there is fiduciary relation ,that an be between third party and public authority who conduct the examination (i.e. in Para 24 of aforesaid judgement). But in Para 27 of aforesaid judgement Supreme Court specifically say that there can be no fiduciary between Examining body and examinees. So my question is do the assumption made by Supreme Court in Para 24 has any binding effect.Do by taking this para PIO is right to denied the evaluate answer-scriptt of successful candidates to one of unsuccessful candidate. Copy of Judgement attached below. Thanks again for reply.

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