What is the authority of one High Court decision in another high court?

A DECISION OF ONE HIGH COURT IS NOT A BINDING PRECEDENCE UPON ANOTHER HIGH COURT. Generally the decisions or orders of higher authorities are binding on the lower authorities. For example the judgment of Supreme Court is binding on all High Courts, lower courts.

Can High Court Judgement be challenged?

In India, a binding decision of the Supreme Court/High Court can be reviewed in Review Petition. The parties aggrieved on any order of the Supreme Court on any apparent error can file a review petition. Under Supreme Court Rules, 1966 such a petition needs to be filed within 30 days from the date of judgement or order.

Can the high court overruled itself?

One Judge of a High Court has, however, no right to overrule the decision of another Judge of the same High Court nor has one division Bench of a High Court the legal right to overrule another decision of a Division Bench of the same High Court.

Can a High Court overrule another High Court?

Is High Court Judgement applicable all over India?

As per Article 226(1) of the Constitution, High Courts have territorial jurisdiction to issue writs to any person including government and the judgments and orders passed by them operate within such territorial limits.

Can one judge overrule another judge?

Only if that judge is of a higher position than the initial judge, so a Circuit Judge can overrule a District Judge’s order but a Circuit Judge cannot overrule another Circuit Judge’s order, although an en banc panel of circuit judges can overrule a Circuit Judge.

Can High Court overrule Supreme Court in India?

The High Court cannot overrule the decision of the Apex Court on the ground that the Supreme Court laid down the legal position without considering any other point. When the Supreme Court decides a principle it would be the duty of the High Court or a subordinate court to follow the decision of the Supreme Court.

Can High Court give order to central government?

The normal rule is that an order or a judgment of the High Court will operate only within its territorial jurisdiction. However, when it comes to a High Court’s judgment against a Central law or a rule, the situation might be different. In 2004, the Supreme Court in Kusum Ingots and Alloys Ltd. v.

Are High Court decision binding on other states?

Decisions of the Supreme Court are binding only so long as they have not been overruled by the Supreme Court. The decisions of a High Court are binding on all the courts below it within its jurisdiction. The judgment of a particular High Court, is not binding on other High Courts.

Who can change the jurisdiction and powers of High Court?

ADVERTISEMENTS: Thus, the jurisdiction of the High Court extends to all cases under the State or federal laws. Its jurisdiction can be enlarged by the Parliament and the State Legislature.

How are the High Courts in India bound by law?

The High Courts in India are bound by the law declared by the Supreme Court. Decisions of the Supreme Court are binding only so long as they have not been overruled by the Supreme Court. The decisions of a High Court are binding on all the courts below it within its jurisdiction.

What is the Indian judicial system based on?

The Indian judicial system follows the common law system based on recorded judicial precedents as inherited from the British colonial legacy. The court system of India comprises the Supreme Court of India, the High Courts and subordinate courts at district, municipal and village levels.

Are the decisions of Supreme Court binding on all courts in India?

(a) 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.

Can a single judge of a High Court ignore a decision?

(i) A single Judge of a High Court is bound by the decision of another single judge or a Division Bench of the same High Court. It would be judicial impropriety to ignore that decision. Judicial comity demands that a binding decision to which his attention had been drawn should neither be ignored nor overlooked.