138 n.i.act
santhosh.g.
(Querist) 02 September 2014
This query is : Resolved
effect of lower court decisions passed based on high court rulings before it is overruled by the supreme court?
eg:- madras high court in the year given ruling that accused can adduce evidence by filing affidavit U/s 145(1) N.I.act. In the year 2010 supreme court overruled it and decided that under N.i.act accused is not entitled to adduce evidence through affidavit.My question is that within that time in lot of cases accused adduced evidence by affidavit. what is the fate of that cases?
M.Sheik Mohammed Ali
(Expert) 02 September 2014
once filed affidavit no need to take sworn statement, that was i red the above SC case.
ajay sethi
(Expert) 03 September 2014
academic query
santhosh.g.
(Querist) 03 September 2014
yes it is academic. interpretation of article 141 of the constitution is the question involved in my query. The high court of Madras given verdict in 138 n.I.Act in the year 2009 giving the right to the accused can also adduce evidence by filing affidavit. In the year 2010 division bench of the supreme court interpreted that the intention of the legislature is not so,only complaint can adduce his chief examination by filing affidavit not accused. By the lapse of this time in between 2009 to 2010 that is after the judgement of the high court and before the judgement of the supreme court in number of cases the accused has adduced the evidence through affidavit. my question is what is the value of that evidence, whether it is nullity?
malipeddi jaggarao
(Expert) 03 September 2014
I stand by my reply adding one more word:
read, analyse and learn!
Dr J C Vashista
(Expert) 03 September 2014
I agree with experts, well advised, nothing more to add.
Raj Kumar Makkad
(Expert) 04 September 2014
All decisions provided during that intervening period shall be regarded as valid as per law prevailing at that time. Any judgment passed becomes citation for the coming period or the matter involved in that judgment. Interpretation of judgment can be made only after going through it carefully.
santhosh.g.
(Querist) 05 September 2014
thanks to mr, raj kumar makkad. you take my quarry in good aspect.
T. Kalaiselvan, Advocate
(Expert) 06 September 2014
Expert Mr. Rajkumar Makkad has explained the query's clarification very well, however, the judgement has to be seen for proper opinion.