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kishore kumar   20 March 2024

use of highcourt order reference

recently ( Feb 2024) allahabad highcourt accept a appeal and ordered that " property purchased by Husband in the name of wife, will be considered as Family Property"
Same type case is pending in district court since 2019 and above order can be helpful to get justice.
My question : can one present copy of above order as Reference to get justice?
This Highcourt order passed on Feb2024 and district court case start in 2019,so can Court accept said order as reference as it is recently passed and district court case started in 2019?
will old date of district case effect it or appellant can get relief in appeal?
Many Thanks.


Learning

 4 Replies

Dr. J C Vashista (Advocate )     21 March 2024

An order passed by Supreme Court is binding (Article 141 of the Constitution of India) on all courts / tribunals/ commissions and authorities.

Similarly an order passed by a High Court is binding on its subordinate (district) courts.

T. Kalaiselvan, Advocate (Advocate)     22 March 2024

The reportable citations can be cited as a precedence at the time of final argument if the judgment appears to be in favor of case in hand. 

It cannot be rejected by the trial court for the reasons you have stated here. 

kishore kumar   23 March 2024

Many Thanks Respected Forum members for your valuable advice.

T. Kalaiselvan, Advocate (Advocate)     23 March 2024

You are welcome for your appreciations.

 


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