Case Law Details
CBI (Anti-Corruption Branch) Vs Sh. Jose Alexander (Karnataka High Court)
Petitioner was a party to the criminal appeal filed by accused No. 3 before the Supreme Court. In the absence of the copies of pleadings in the said case, it cannot be said that the petitioner did not raise this issue of applicability of Section 120B(1) of IPC in the said criminal appeal. If at all there was any error on the face of the record in the Supreme Court’s judgment passed in favour of accused No.2 for non-consideration of Section 120B(1) of IPC, the remedy of the petitioner was to seek review of the said order. Without doing that, the petitioner cannot be permitted to argue before this Court that the Hon’ble Supreme Court failed to consider the effect of Section 120B(1) of IPC and the judgment of the Hon’ble Supreme Court was per incurium.
Further a co-ordinate bench of this Court in Crl.P.No.5345/2009 quashed the proceedings against accused No.4. Admittedly, the petitioner has not challenged the said order and allowed that order to attain finality. It is not open to the petitioner to contend that the judgment of this Court and of the Hon’ble Supreme Court relating to accused Nos. 3 and 4 could not have been relied by the trial Court in discharging accused No. 2.
The Hon’ble Supreme Court in Issac Mattammel Cor-episcopa’s case referred to supra has held that as per Article 141 of the Constitution of India, law declared by this Court is binding on all Courts and under Article 144 of the Constitution of India, civil and judicial authorities within the territory of India shall act in aid of the Supreme Court.
When the order of the Hon’ble Supreme Court was not sought to be reviewed, the contention that the said judgment was per incurium and that should not have been followed by the trial Court and does not bind the parties runs contrary to judicial discipline.
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Does the Australian Supreme court recieve the same support of all courts?
As in the India’s legal system.
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