Legal Question in Constitutional Law in India

Constitution

I came across a word ''judgment of concession'' . Does such word exist in under constitution? Can the supreme court ever pass such judgments? Is not the Hon'ble Supreme Court also bound by the constitution?

One more question is that once the Hon'ble Supreme Court delivers a judgment, by operation of Art 141(if I'm correct) it becomes the binding precedent even on the Hon'ble Supreme Court itself unless set aside by a larger bench of Hon'ble Supreme Court. Can ever a bench of Hon'ble Supreme Court while passing a judgment ever direct/dictate that such judgment shall not be a precedent under particular circumstance?


Asked on 8/23/08, 3:51 am

2 Answers from Attorneys
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: Constitution

Yes it can

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Answered on 8/25/08, 7:57 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: Constitution

Yes, the Supreme Court is entitled to declare under Article 142 that a particular judgement was being delivered in the given facts of that case and that it shall not be a binding precedent.

If you need legal opinion/help, you should provide full facts of your problem instead of raising an abstract proposition.

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Answered on 8/23/08, 8:40 am


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