(Querist) 03 November 2008
This query is : Resolved
is the district court of calcutta bound by a judgement of high court of delhi or will the citation of that judgement will have only persuasive effect? please refer the relevant articles also.
(Expert) 04 November 2008
If there is no Kolkata High Court case on the subject, it is binding. If there is Kolkata caselaw on the subject, then Home High court binds the DC. However other high court precedents are followed if there is none from the jurisdictional high court.
(Expert) 07 November 2008
A subordinate court is bound to follow judgements of the High Court to which it is subordinate. The judgements of the other High Court on the subject will be precedents and may or may not be followed by the court.
(Expert) 20 November 2008
Under Art.227 every High Court has the power of the superintendence over all courts and tribunals throughout the teritory in relation to which it exercises jurisdiction.In D.N.Banerji Vs P.R.Mukherji,the SC held that the HC cannot interfere with the decision of the tribunal.The power should not ordinarily be exercised if some alternative remedy is available.