LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

akriti Mishra (student )     06 March 2020

Binding value of hc judgement

Will the judgment  of HC of any other state be binding on district court of UP?


 2 Replies

Advocate Suneel Moudgil (Advocate)     06 March 2020

1. maybe or maybe not,

2. if the district court doesn't follow the ruling of other states high court order, you have to approach the state (UP) high court, and then it becomes the discretion of the High Court to accept/reject the other state high court order,

Joy Bose   07 March 2020


In an old judgement but useful Judgment Bombay High Court in the case of CIT vs. Godavari Saraf held that until contrary decision is given by any other competent High Court, which is binding on a Tribunal in the relevant State, it has to proceed on the footing that the law declared by the High Court, though of another State, is the final law of the land. Which means that once a decision is given by any of the High Courts in the country and there is no contrary decision by any other High Court on the same issue then such decision of High Court will be binding on all the administrative authorities and Tribunals throughout India.

Joy Bose

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register