2015 SCC VOL. 2 FEBRUARY 28, 2015 PART 4
When a higher court has rendered a particular decision, said decision must be followed by a subordinate or lower court unless it is distinguished or overruled or set aside. If litigants or lawyers are permitted to argue that something that was correct, but was not argued earlier before a higher court, and on that ground if courts below are permitted to take a different view in a matter, possibly the entire law in relation to precedents and ratio decidendi will have to be rewritten and there would be total chaos. Moreover, by not following law laid down by Supreme Court, High Court or subordinate courts would also be violating provisions of Art. 141.
When a higher court has rendered a particular decision, said decision must be followed by a subordinate or lower court unless it is distinguished or overruled or set aside. If litigants or lawyers are permitted to argue that something that was correct, but was not argued earlier before a higher court, and on that ground if courts below are permitted to take a different view in a matter, possibly the entire law in relation to precedents and ratio decidendi will have to be rewritten and there would be total chaos. Moreover, by not following law laid down by Supreme Court, High Court or subordinate courts would also be violating provisions of Art. 141.
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