High court case law
This query is : Resolved
Prabhaharan
(Querist)
09 October 2013
Supreme court case law is applicable to all over India.Whether highcourt case laws applicable to all over india..? If not, shall we follow other state high court in another state.? Is there any problem in this regard eventhough another state not having judgements nature like other state? ?. Thanks in advance.
Nikhil Kaushik
(Expert)
10 October 2013
the judgment of a high court has applicability over the region covered under the said high court. It may have persuasive value while arguing a similar case in a different high court but the other high court is not bound to follow such judgment.
For eg, Delhi High Court legalised gay marriage but other high courts have not given such judgments. Accordingly, in Delhi gay marriage is legal but in other states it is not.
Now, the appeal against the Delhi high court judgment is pending in Supreme Court and the decision was reserved in 2012. If the Supreme court rules in favor of gay marriage, then only it shall become legal in all the states in the country may be except for J&K because of Article 370 of the Indian Constitution.
For eg, Delhi High Court legalised gay marriage but other high courts have not given such judgments. Accordingly, in Delhi gay marriage is legal but in other states it is not.
Now, the appeal against the Delhi high court judgment is pending in Supreme Court and the decision was reserved in 2012. If the Supreme court rules in favor of gay marriage, then only it shall become legal in all the states in the country may be except for J&K because of Article 370 of the Indian Constitution.
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