NIKHIL SINGH 01 August 2022

Violation of article 141 of constitution of india

Dear Experts,

Article 141 of Constitution of India says, "The law declared by the Supreme Court shall be binding on all courts within the territory of India."

When a High Court or District Court violates Article 141 of Constitution of India by disobeying the past precedents in the past judgments delivered by the Supreme Court of India, can we complain to the Supreme Court of India? What is the appropriate proceeding to be filed?

Whether any action was taken against any High Court or District Court for violating Article 141 of Constitution of India?

Whether the orders or judgments of High Court or District Court were set aside in the past for violating Article 141 of Constitution of India?

What type of proceeding can be filed in Supreme Court of India when a High Court or District Court violates Article 141 of Constitution of India?

Thanking you.

Yours sincerely,

Nikhil Singh

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2 Replies

P. Venu (Advocate) 01 August 2022

What are the facts? What is the context?

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NIKHIL SINGH 02 August 2022

Dear Expert,

I wish to know whether any action was taken against any High Court or District Court for passing an order or judgment violating Article 141 of Constitution of India.

The context is as follows: Supreme Court had held in the past that re-agitating the same issues which were already adjudicated amounts to vexatious and frivolous litigation and against the law of res judicata and such pleadings are liable to be struck off. However, the District Court and High Court refused to strike off the pleadings thereby going against the past judgments of the Supreme Court and violating Article 141 of Constitution of India.

Since the High Court and District Court very clearly violated Article 141 of Constitution of India, can any proceedings be initiated against them?

Whether the Supreme Court took any action against any High Court or District Court for violation of Article 141 of Constitution of India in the past?

Whether any orders were ever set aside on the ground of violation of Article 141 of Constitution of India in the past?

Thanking you.

Yours sincerely,

Nikhil Singh