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Sagnik (Management Trainee)     24 August 2012

Supreme court's decision under revew whether binding or not

Dear All,

If supreme court is reviewing its own judgement in a constitutional bench then can the said judgement be binding on the lower courts while the review process is stil pending ?

I am talking about the BHATIA INTERNATIONAL's judgement regarding Part II of Arbitration & conciliation Act, 1996 which is currently under review by 5 bench court in Supreme Court. Can the judgement be still binding on the lower courts while the pendency of the said review.

KIindly quote the relevant sections with your answers. Thank you

Regards,

Sagnik Sanyal



Learning

 1 Replies

surjit singh (Assistant)     26 August 2012

The plain logic is as on date the judgement which is been standing or in existance prevails, irrespective of the prospective outcome of the review petition.


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