Case laws ...
tdeli
(Querist) 14 July 2013
This query is : Resolved
Hello.
A Judge who is not a High Court Judge delivers a judgement giving reference to a Jurisdictional High Court Judgement and .
During the Arguments of our case before the same Judge can we form the basis of our case and refer his own judgement along with the Jurisdictional High Court Judgement in pursuance of our case.
Can the Hon able Judge go against his own Judgement in a similar case.
Can the Hon able Judge interpret the Jurisdictional High Court Judgement in a different interpenetration in our case.
Thanks ...
Dr. Jyothi Vishwanath
(Expert) 14 July 2013
once the Judge has delivered the judgement, why you have to argue the case before the same judge. Is he transferred to the appellate court???? and are you arguing the appeal before him???? Clarify this...
R.K Nanda
(Expert) 14 July 2013
state facts clearly.
Dr J C Vashista
(Expert) 15 July 2013
Your querry is vague and all cases differ even if similar.
Nadeem Qureshi
(Expert) 15 July 2013
state full facts, Judge who is not a high court judge may be a judge of Supreme court. clear the facts
Rajendra K Goyal
(Expert) 15 July 2013
clarify the questions raised by expert Dr. Jyothi Vishwanat ji.
tdeli
(Querist) 15 July 2013
I am sorry for posting in complete query and let me repeat it again -
A Lower Judge delivers a judgement giving reference to a Jurisdictional High Court Judgement and passes the order on the basis of this High Court Judegement.
During the Arguments of another case before the same Judge can we give the reference of his judgement delievered by him as a a reference to our case though we will also give the reference of the High Court Judgement.
Can the Hon able Judge go against his own Judgement in a similar case.
Can the Hon able Judge interpret the Jurisdictional High Court Judgement in a different interpenetration in our case.
Thanks ...
Dr. Jyothi Vishwanath
(Expert) 15 July 2013
Under the doctrine of precedent, lower court judgments are not binding at all on any other court or the same court itself.
So even if you give reference to the judge about his own case, he need not follow it.
The Judge can interpret the High court judgement differently based upon the facts of the case.
He is not bound to interpret in the same way as he did in the earlier case.
venkatesh Rao
(Expert) 15 July 2013
You can do so; but even though he is not bound to follow his own earlier judgment, but he is to follow the ratio of the high court judgment earlier he interpreted. The net result is that he is actually bound by high court judgment and virtually his own.
tdeli
(Querist) 15 July 2013
Thanks for the Answers ...
But still should one still refer his own judgements if one is providing " written arguments " along with oral as this might help if we have to appeal later in the High Court.
Thanks ...
Dr J C Vashista
(Expert) 17 July 2013
Still unclear and vague.
Order passed by the High court of same judicature are binding on the lower Court and the latter cannot alter, reveiw, modidy or interpret the ratioo of judgement.
ajay sethi
(Expert) 17 July 2013
agree with JC Vashishta
Dr. Jyothi Vishwanath
(Expert) 17 July 2013
Order passed by the High court is binding but the ratio has to be deciphered and it depends how the lower court interprets it.
