Is judgment of one high court binding on another high court?

Tilak Marg Forum for Legal Questions Forums Constitutional Law Is judgment of one high court binding on another high court?

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    • #2064
      Anonymous
      Guest

      In one of my cases, the lawyer of the opposite party has relied upon a judgment of another high court. As an advocate with about 4 years of practice I find that this judgment may not legally correct. My question to you Sir is whether this other high court judgment is binding on my high court? Can I show that this judgment is not legally correct and can my high court decide in my favour on this issue?

    • #2077

      Judgement of one high court is not binding on another high court. However, it has persuasive value if it is a reasoned order. Coming from a constitutional court, the judgement of a High Court has to be considered with respect if it provides detailed reasoning for the conclusions drawn in the judgement. Therefore, other High Courts may be persuaded to follow the reasoning of such judgement even if it is not from the same High Court. However, as I mentioned above, judgement of one high court is not binding on other High Courts, but it has a persuasive value as pointed out above.

           


      Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

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