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Tag: Supreme Court Decisions Binding On All Courts Retrospectively Too

M/S. Kusum Ingots and Alloys Ltd Vs Union Of India and Anr on 28 April, 2004

Posted on October 5, 2019 by ShadesOfKnife

In this landmark judgment (per Obiter Dicta), Apex Court has held that,

A parliamentary legislation when it receives the assent of the President of India and is published in the Official Gazette, unless specifically excluded, will apply to the entire territory of India. If passing of a legislation gives rise to a cause of action, a writ petition questioning the constitutionality thereof can be filed in any High Court of the country. It is not so done because a cause of action will arise only when the provisions of the Act or some of them which were implemented shall give rise to civil or evil consequences to the petitioner. A writ court, it is well settled, would not determine a constitutional question in a vacuum.

The court must have the requisite territorial jurisdiction. An order passed on writ petition questioning the constitutionality of a Parliamentary Act whether interim or final keeping in view the provisions contained in Clause (2) of Article 226 of the Constitution of India, will have effect throughout the territory of India subject of course to the applicability of the Act.


Citations: [2004 SCALE 5 304], [2004 AIR SC 2321], [2004 SCC 6 254], [2004 BOMCR SC SUPP 2 654], [2004 AIR SC 2766], [2004 SUPREME 3 757], [2004 JT SUPP 1 475], [2004 ALLMR SC 5 700], [2004 DLT 111 480], [2004 COMPCAS 120 672], [2004 ELT 168 3], [2004 AIC SC 19 730], [2004 BC 3 56], [2004 COMPLJ SC 3 1], [2004 CTC 3 365], [2004 DRJ 77 317], [2004 ECR SC 114 1013], [2005 ECR SC 118 151], [2004 ELT SC 186 3], [2004 JCR SC 3 92], [2004 JT SUPPL SC 1 475], [2004 PLR 138 626]

Other Source links: https://indiankanoon.org/doc/1876565/ and https://www.casemine.com/judgement/in/5609ae06e4b0149711412bc2


See this, this, this and this Supreme Court Judgments. Many High Courts have relied on the above aspect of this Judgment here.


 

Posted in Supreme Court of India Judgment or Order or Notification | Tagged Article 141 - Law declared by Supreme Court to be binding on all courts Landmark Case M/S. Kusum Ingots and Alloys Ltd Vs Union Of India and Anr Obiter Dicta One State High Court Decisions Binding On Other State High Courts Supreme Court Decisions Binding On All Courts Retrospectively Too

Chetan Kumar Vs State of Punjab and Otrs on 28 February, 2019

Posted on March 12, 2019 by ShadesOfKnife

Basing on the landmark judgment here, Punjab High Court has struck down/quashed the pending 497 IPC case on the petitioner.

Chetan Kumar Vs State of Punjab and Otrs on 28 February, 2019
Posted in High Court of Punjab & Haryana Judgment or Order or Notification | Tagged Article 141 - Law declared by Supreme Court to be binding on all courts Chetan Kumar Vs State of Punjab and Otrs Supreme Court Decisions Binding On All Courts Retrospectively Too | Leave a comment

Maj. Genl. A.S.Gauraya and Anr Vs S.N.Thakur and Anr on 25 April, 1986

Posted on March 12, 2019 by ShadesOfKnife

This is landmark judgment which held that a/c to Article 141 of Constitution of India, all judgments of Supreme Court of India are binding on all courts in India and they are applicable to all pending proceedings even with retrospective effect.

Maj. Genl. A.S.Gauraya and Anr Vs S.N.Thakur and Anr on 25 April, 1986
Posted in Supreme Court of India Judgment or Order or Notification | Tagged Article 141 - Law declared by Supreme Court to be binding on all courts Landmark Case Legal Procedure Explained - Interpretation of Statutes Maj. Genl. A.S.Gauraya and Anr Vs S.N.Thakur and Anr Supreme Court Decisions Binding On All Courts Retrospectively Too | Leave a comment

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