Citations
ram
(Querist) 17 August 2015
This query is : Resolved
IF THE HON'BLE COURTS OVERLOOK THE CITATIONS SUBMITTED ON BEHALF OF THE PARTIES, PARTICULARLY THE HIGH COURTS,
WHAT WILL BE THE REMEDY AVAILABLE FOR
THE CLIENTELE.
FURTHER, IF THE SUPREME COURT DISMISSES
THE SPECIAL LEAVE PETITIONS, REVIEW PETITIONS, ETC., IN LIMINI, WHAT WILL BE THE REMEDY AVAILABLE TO THE AGGRIEVED PARTY.
WHETHER FILING OF SLPs, RPs, ETC., IS BUYING A LOTTERY TICKET.
Anirudh
(Expert) 17 August 2015
For you the citations may appear worthwhile; but if the Hon'ble Courts do not consider it of any assistance in disposing of your case, they will definitely ignore such citations.
One can continue to be aggrieved till such time one gets a decision in one's favour. That is not the criteria based on which the Courts of Law function.
SAINATH DEVALLA
(Expert) 18 August 2015
The lower courts have to honour the citations of the High Courts,they cannot overlook them.
In Indian Judiciary, a precedent or authority is a principle or rule established in a previous legal case that is either binding on or persuasive for a court or other tribunal when deciding subsequent cases with similar issues or facts. Common law legal systems place great value on deciding cases according to consistent principled rules so that similar facts will yield similar and predictable outcomes, and observance of precedent is the mechanism by which that goal is attained. "precedent" is a "rule of law established for the first time by a court for a particular type of case and thereafter referred to in deciding similar cases."[1] Common law precedent is a third kind of law, on equal footing with statutory law (statutes and codes enacted by legislative bodies).
The first is the rule that a decision made by a superior court, or by the same court in an earlier decision, is binding precedent that the court itself and all its inferior courts are obligated to follow. The second is the principle that a court should not overturn its own precedent unless there is a strong reason to do so and should be guided by principles from lateral and inferior courts. The second principle, regarding persuasive precedent, is an advisory one that courts can and do ignore occasionally.
Rajendra K Goyal
(Expert) 18 August 2015
Agree with the views of expert Anirudh.
Guest
(Expert) 18 August 2015
Mr.R.K.Goyal Your Justification Is Still Awaited in "Release Deed and Succession Certificate" Query Please.
Guest
(Expert) 18 August 2015
An Experienced and Practical Suggestion of Expert Mr.Sainath Devalla.Well Advised.
R.K Nanda
(Expert) 18 August 2015
state real facts of case, if any.
SAINATH DEVALLA
(Expert) 19 August 2015
Yet the querist is not revealing the actual logic behind those citations,could be an academic query.
