CMA Foundation · Fundamentals of Business Laws and Business Communication · Legal Methods and Court System in India
A High Court in Karnataka decides a point of law. In a similar dispute, a trial court in Gujarat is hearing the matter. How does the Karnataka decision operate there?
The Karnataka High Court decision is only persuasive for a Gujarat trial court. High Court rulings bind courts subordinate to that High Court within its own territory, so a court in another state may consider the reasoning but is not obliged to follow it.
- AIt is only of persuasive value and not bindingCorrect
- BIt is strictly binding on the Gujarat court
- CIt is void because it came from another state
- DIt overrides the Gujarat High Court's own view
Explanation
A High Court's decision binds courts subordinate to it within its territory. A Gujarat trial court is subordinate to the Gujarat High Court, so the Karnataka ruling is merely persuasive there. It is not void, and it cannot override the Gujarat High Court's view.
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