2015 SCC VOL. 2 FEBRUARY 28, 2015 PART 4


When a higher court has rendered a particular decision, said decision must be followed by a subordinate or lower court unless it is distinguished or overruled or set aside. If litigants or lawyers are permitted to argue that something that was correct, but was not argued earlier before a higher court, and on that ground if courts below are permitted to take a different view in a matter, possibly the entire law in relation to precedents and ratio decidendi will have to be rewritten and there would be total chaos. Moreover, by not following law laid down by Supreme Court, High Court or subordinate courts would also be violating provisions of Art. 141.

(2015) 2 SCC 727

2 comments

  • Sir, judgements of supreme Court submitted with written argument in the court but Court without discussion pronounce judgement against the well settled principal of law on the same law point what is the remedy and can criminal complaint file against the concerning judge in the police or court.

  • Pls send article141 of constitutional law access 2017 vol.2 Feb 28 detail judgement regarding this matter.

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