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CSEET · Business Laws and Management · Introduction to Law

A High Court in State X decides a point of law. Later, a trial court in State Y, which lies under a different High Court, hears a similar case. Under the Indian doctrine of precedent, what is the position of the State X High Court's decision for the State Y trial court?

The decision is only persuasive for the State Y trial court. A High Court's rulings bind only courts within its own jurisdiction; a court under another High Court may respect and consider it but is not obliged to follow it. Only Supreme Court rulings bind all courts.

  1. AIt is only persuasive and not bindingCorrect
  2. BIt is binding as it is a High Court decision
  3. CIt is binding only if the decision was unanimous
  4. DIt has no value at all and cannot be cited

Explanation

A High Court's decisions bind courts subordinate to it within its own territory. Courts under another High Court may take them into account as persuasive authority, but are not bound. Only Supreme Court decisions bind all courts in India. Hence option one is correct and the 'binding' options are wrong.

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