Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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Aaishani Mukhopadhyay   19 June 2022

Would a petition under section 482 of the crpc transferred by the sc be maintainable?

If a petition filed under section 482 of CrPC filed before a High Court is subsequently transferred by the Supreme Court under Article 139A with other cases related to similar question of law, is it maintainable?


 3 Replies

Dr J C Vashista (Advocate)     20 June 2022

The petition stated to have been transferred by Supreme Court under Article 139A of the Constitution of India which was admitted by the High Court, therefore, where is question of "non-maintainablity", accordingly it is already declared as maintainable by transferer High Court.

N.K.Assumi (Advocate)     20 June 2022

Order of the Supreme Court has to be complied without asking How? Where? and Why?. 

Dr J C Vashista (Advocate)     20 June 2022

Well opined and advised by expert Mr. N K Asumi.

Artcile 141 of the Constitution of India provides,

"141. Law declared by Supreme Court to be binding on all courts The law declared by the Supreme Court shall be binding on all courts within the territory of India"

Accordingly the law declared by the Supreme Court being binding on all courts in India, the decisions of the Supreme Court are binding on all courts, except, however, the Supreme Court itself which is free to review the same and depart from its earlier opinion if the situation so warrants. That is binding is, of course, the ratio of the decision and not every expression found therein.

(b) The decisions of the High Court are binding on the subordinate courts and authorities or Tribunals under its superintendence throughout the territories in relation to which it exercises jurisdiction. It does not attend beyond its territorial jurisdiction.

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