The Applicability of High Court’s Decision Outside Its Jurisdiction
- Blog|News|GST & Customs|
- < 1 minute
- By Taxmann
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- Last Updated on 30 July, 2021
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Whenever a central enactment has been read down by a high court, questions arises whether such a decision would be binding over other high courts and its impact in states outside that court’s jurisdiction. In this article the author has discussed the following issues:
a) Whether the decision of a High Court on the constitutionality of a Central Legislation is applicable only to the relevant state or throughout the country or on other High Courts?
b) What will be the precedent value in cases when a central enactment is struck down by a High Court or what if an ambiguity in a central enactment is settled by High Court?
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