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yasaswi gomes (.)     30 June 2021

Notifications meaning

Hi,

Sometimes I read the news headlines, which says something like this ‘high court’s squashed adultery cases prior to 2018’. Does this mean that it is applicable to the whole of India or any boy to that particular state. Is it true that, only Supreme Court news is applicable to entire India like today’s news ‘Compensation for Covid Martyrs’?



 3 Replies

Rati Arora   01 July 2021

Hello

It is a settled law that the decision of a particular High Court is not binding on other High Courts but it has persuasive value. When a High Court passes orders on Constitutional validity of Central Laws , it is applicable throughout the country. This has been upheld by the Supreme Court in various judgements. The basic principle behind this is to avoid discrimination among people of different states. But disputes may arise on matters on whether a precedent of a High Court is binding on other High Courts. Such disputes are referred to the Supreme Court. And the decision of Supreme Court is binding on all the courts of the country, i.e. applicable throughout India. Hope this helps.

1 Like

Vasundhara Singh (Student)     02 July 2021

 Hello!  

The Supreme Court in Joseph Shine vs UOI struck down Section 497 of IPC and decriminalized adultery. Jharkhand High Court recently faced an issue where the contention before the court was whether the order of the Supreme Court was binding on lower courts and proceedings before 2018. The Jharkhand High Court observed that according to Article 141 of the constitution, any law declared by Supreme Court is binding on the lower courts and applicable to all proceedings. Therefore, answering your query this judgment is binding on all the lower courts and not just any particular person.   

The notification mentioned by you, ‘Compensation for Covid Martyrs’ if it is a judgment or an order passed by the Supreme Court, it will be binding on all the lower courts. Only a judgment of the Supreme Court is binding on lower courts and they have to act upon but the Supreme Court is not bound by the order of any lower court.  

Regards  

Vasundhara Singh  

1 Like

yasaswi gomes (.)     02 July 2021

To think of moving this country forward, this is a good decision. The same way, there is another alternative without wasting time on pardoning and amnesties, all petty crimes which are three year cognisance which occurred more than 10 years records should be wiped out. This will reduce work burden and gives more time to investigate new crimes. 


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