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Dino Mackenzy (Delivery Head)     19 February 2015

Does jurisdiction applicable for case laws/citations?

Hi All,

 

I am not sure if this is a logical question or foolish one but let me try to ask experts. J

I am fighting false matrimonial cases including monthly maintenance case u/s 125 of CrPC. The current stage of a case is Argument after closure of Evidence stage from both parties.

I am having few citations related to refusal of maintenance to wife due to certain reasons which are pretty much similar to my case however these citations are from High Court of other States (mostly UP, Delhi etc.) whereas my case is proceeding in a lower court which come under Bombay HC jurisdiction.

 

I would like to know if I can use citations originated from High Courts of other States and will lower court consider these citations while passing a final order or there will be a jurisdiction issue?

Kindly reply.

 

 

Many Thanks!



Learning

 5 Replies

vivek malhotra (Advocate)     19 February 2015

Yes, lower court will consider the citations of other High Courts. It is not necessary that you have to file the Bombay HC citations. Law of Land remains the same in all the States.

 


(Guest)
Originally posted by : Think - It's Still Legal

Hi All,

 

I am not sure if this is a logical question or foolish one but let me try to ask experts. J

I am fighting false matrimonial cases including monthly maintenance case u/s 125 of CrPC. The current stage of a case is Argument after closure of Evidence stage from both parties.

I am having few citations related to refusal of maintenance to wife due to certain reasons which are pretty much similar to my case however these citations are from High Court of other States (mostly UP, Delhi etc.) whereas my case is proceeding in a lower court which come under Bombay HC jurisdiction.

 

I would like to know if I can use citations originated from High Courts of other States and will lower court consider these citations while passing a final order or there will be a jurisdiction issue?

Kindly reply.

 

 

Many Thanks!

 

 

Though all SC judgements go into the journal, and HC judgements can be used as citations, its totally up to the wish of such magistrate or judge to pass orders based on Honorable SC and HC judgements provided as citations.  The judge/magistrate can always use discretionary power vested in him/her.


Trying one can do.  But has to be kept in mind that judgements hold good at respective levels, HC judgements in HC cases, SC judgements in SC cases.

Adv k . mahesh (advocate)     19 February 2015

what judgements you are quoting show be relevant to the case of yours and i think you have shown to your advocate 

because some mere difference also court will not accept the judgement and also some time judge may thing that you are misguiding through that judgement 

normally any higher court judgement can be used in lower court 

Dino Mackenzy (Delivery Head)     19 February 2015

vivek malhotraHelping Hand ! - Thanks for response and clearing my doubt.

Adv k . mahesh I am Online - Yeah, absolutely. Of course I will be sharing judgments with my lawyer only and he will be deciding what he is going to put in front of H'ble Court. At present, I am hunting similar citations and hence checked with legal experts for a direction instead of wasting energy unnecessarily J.

Once again many thanks for three of you for kind reply.

Many Thanks !


Adv. Chandrasekhar (Advocate)     20 February 2015

The preferential order of authorities:

1.  SC judgments (According to the strength of the bench)

2.  Same H.C. Judgment (According to the strength of the bench)

3.  Other H.C. Judgement. (According to the strength of the bench)

Search further to find the relevant judgments from S.C. or from Bombay H.C. as they have preferential binding nature.  If you can't find then you have to satisfy with the other H.C. judgments.


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