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N.K.Assumi (Advocate)     19 December 2009

Lower Court turn blind eye to Supreme Court Judgement?

If the lower Court turn a blind eye to Supreme Court Judgement and ignore it, what should be done against such court?


 18 Replies

Anish goyal (Advocate)     19 December 2009

appeal is the only remdy i think

N.K.Assumi (Advocate)     19 December 2009

Good morning Anish, and thank you. What about contempt?

Arvind Singh Chauhan (advocate)     19 December 2009

Namste Sir. I think, if ther are spesific guide lines or directions in the judgment, and they are ignored by lower court then the contempt comes in to role.

Vineet (Director)     19 December 2009

Every day lower courts and executive are showing utter disregards to judicial disciline by ignoring ratios laid down in judgments of Supreme Court and High Courts. While the courts pull up and pass strictures against executive in such matters it appears they go soft when it comes to their subordinate courts. The Bar associations should take up this matter seriously in the interest of administration of justice.

Anish goyal (Advocate)     19 December 2009

Good morning sir i think arvind sir has calirified my point further.

Raghav Sood (Lawyer)     19 December 2009

agreed with vineet well better course submit written arguments along with the copy of judgement you want to rely upon then the court have to appriciate or to form dissent all it requires guts which rarely seen now a days

Arvind Singh Chauhan (advocate)     19 December 2009

Raghav Sir has suggested the best way to cope with this situation.



Concerned judgement can bring notice to the Hon'ble High Court of the concerned state. 

Manoj Kumar Mallia M. (Lawyer)     19 December 2009

Under Article 141 states: The law declared by the Supreme Court shall be binding on all courts within the territory of India.

so if any court ignore it, just go with the Contempt ofCourt Proceedure....

Nali Seshu Kumar (SOCIAL WORKER)     19 December 2009

assumi sir  iam waiting for answer in your words.

Devajyoti Barman (Advocate)     20 December 2009

Mere not considering the Supreme Court judgment alone is not sufficient to initiate Contempt proceeding against the Court unless it is found that the Court has disobeyed the directions which squarely applies to the Court concerned.

Manoj Kumar Mallia M. (Lawyer)     20 December 2009

The mostly the decision of the superior court is applicable the Inferior Court only when the similar question of fact or law arises. And if the inferior court disregard or ignore the same, it amounts to violation of the Constitution itself. and the contempt proceedude may be initiated against the inferior court.

Parveen Kr. Aggarwal (Advocate)     21 December 2009

If the lower court does not refer the Judgment of Supreme Court in its judgment and does not follow its ratio then it is difficult to prove that such Judgment was referred as presumption of section 114 about court proceedings saves the court. But if a lower court does not follow the ratio of a Supreme Court Judgment despite referring it in its Judgment, then it amounts to contempt of court. To my knowledge, there is a Judgment of about 1993 passed by the Gujarat High Court. There may be other judgments also.

Hardik Mehta (Family Counsellor)     21 December 2009

 The judgements are only for the references of the similar situation, but it totally depends on the facts of the case if that judgement is applicable on that case. Also for each judgement in the cases, there are also the counter judgements for the similar cases, so it becomes difficult to judge the case base on these judgements alone. The case can be proceeded in merits and so sometimes the judgements are totally ineffective.

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