Hc case law = binding on all district courts from different state ?
Shantanu Wavhal
(Querist) 12 May 2012
This query is : Resolved
is a case-law of a particular state's HC (any HC all over India) binding on all the district courts (i.e. district court a in different state ?)
ashutosh mishra
(Expert) 12 May 2012
The case law of a High Court is binding only upon its' subordinate courts in it's state and not in other states'district court,for them it has suggestive value only.
Nadeem Qureshi
(Expert) 12 May 2012
Dear Amit Only the judgement of SC will be binding upon all the HC and Districts Court.
Guest
(Expert) 12 May 2012
Courts beyond the jurisdiction of a particular HC are not bound to follow the verdict of that HC, similarly, as being a worker, you are not bound to follow orders of some authority other than your own superiors or boss.
Guest
(Expert) 12 May 2012
A lower court is bound only be the decisions rendered by the Supreme Court and its jurisdictional High Court. The judgements of other High Courts have only a persuasive value.
c.p.s. ramachary
(Expert) 12 May 2012
I fully agree with Mr. Ashutosh Misra's opinion.
N.K.Assumi
(Expert) 12 May 2012
I agree with Ashish Davessar, it has only persuasive value for other District Courts.
Advocate Rajkumarlaxman
(Expert) 12 May 2012
constitution clearly explains jurisdiction of HC's So its only suggestive value or persuasive as suggested by our experts.
Shonee Kapoor
(Expert) 12 May 2012
It only has persuasive value in other states.
Regards,
Shonee Kapoor harassed.by.498a@gmail.com
Dr J C Vashista
(Expert) 13 May 2012
Order passed by a High Court is binding on the District Courts under its control/jurisdiction only and other High courts orders are persuassive as advised by experts. Whatsoever, Supreme Courts orders are binding on all HC & DCs Dr. J C Vashista #9891152939
V R SHROFF
(Expert) 13 May 2012
AGREED WITH EXPERTS VIEW. NOTHING TO ADD
DEFENSE ADVOCATE.-firmaction@g
(Expert) 13 May 2012
Depending on citations is always dangerous . Unless you are up to date with latest ones , it may spoil the party instead of helping .
venkatesh Rao
(Expert) 14 May 2012
Unless there are contradictory judgments of their own high court, the judgments of other high courts are of persuasive value.
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