Nitin Mittal
(Querist) 26 March 2012
This query is : Resolved
hi friends could you tell me that:- Is decision of high court binding on each and every district court of other states also? for e.g. Is decision of Delhi High Court binding on Haryana's district court.....If So, where is that provision.
Any judgment is made on the facts of individual to individual cases and that is meant to be binding on that particular case only, not affecting any other case of any other court. However, the said judgment can be cited in any other case also, if all the circumstances and facts are of similar nature of the already decided case. Still that depends if the judge of the case is convinced on that and decides to pronounces judgment on the precident of the said judgment.
V R SHROFF
(Expert) 26 March 2012
Agreed with explanation of Shri Dhingraji.
No case is same. It differ in fact, and presiding Judge will consider, whether to apply or not. It is not necessarily of its subordinate court, it mat be of any other state HC
R.K Nanda
(Expert) 26 March 2012
No,not binding on other state district courts.
venkatesh Rao
(Expert) 26 March 2012
It is not binding:yet has persuasive value under given circumstances.
Nitin Mittal
(Querist) 26 March 2012
thanks to all but if Every Fact and Circumstances are same then what....?
venkatesh Rao
(Expert) 28 March 2012
It is not the similarity of facts that matters, but the ratio laid down in the judgment.
Trouble Logging in? Try following the given steps -
1. Visit your inbox to find a confirmation mail from LAWyersClubIndia.
2. Click on the confirmation link and confirm your signup