Tag: Judicial Discipline

In a criminal case, as against the judgment of conviction by the lower court, two appeals were preferred before the High Court. One appeal was posted before a division bench of two judges namely X and Y. Another appeal was posted before another division bench of two judges namely A and B. The first beach confirmed the judgment of conviction, whereas the second bench reversed the judgment of conviction. How to overcome this situation? Answer with reason.

Facts of the Case In a criminal matter, a trial court (lower court) convicted the accused. Aggrieved by the conviction, two separate appeals were filed […]

A High Court decides a case, ignoring an earlier decision of the Supreme Court, stating that the decision of the Supreme Court was obiter dicta without a binding force. As a result there is an inconsistency between decisions of High Court and the Supreme Court. Is the decision of the Supreme Court assuming that it was obiter dicta

Facts of the Case A High Court decided a legal dispute by ignoring an earlier decision of the Supreme Court of India. The High Court […]