Ravinder Singh vs. Sukhbir Singh & Ors, Criminal Appeal No. 67 of 2013, Decided on 11th January,
2013.
Wherein the Hon’ble Supreme Court held:
“There can be no dispute with respect to the
settled legal proposition that a judgment of this Court is binding,
particularly, when the same is that of a co-ordinate bench, or of a larger
bench. It is also correct to state that, even if a particular issue has not
been agitated earlier, or a particular argument was advanced, but was not considered,
the said judgment does not lose its binding effect, provided that the point
with reference to which an argument is subsequently advanced, has actually been
decided. The decision therefore, would not lose its authority, “merely because
it was badly argued, inadequately considered or fallaciously reasoned”. The
case must be considered, taking note of the ratio decidendi of the same i.e., the
general reasons, or the general grounds upon which, the decision of the court
is based, or on the test or abstract, of the specific peculiarities of the
particular case, which finally gives rise to the decision.” [Para 21]
The Court referred following case laws:
Direct Recruit Class-II
Engineering Officers’ Association & Ors. v. State of Maharashtra &
Ors., AIR 1990 SC 1607, wherein a Constitution Bench of the SC has taken a
similar view, observing that the binding nature of a judgment of a court of competent
jurisdiction, is in essence a part of the rule of law on the basis of which,
administration of justice depends. Emphasis on this point by the Constitution
is well founded, and a judgment given by a competent court on merits must bind
all parties involved until the same is set aside in appeal, and an attempted
change in the form of the petition or in its grounds, cannot be allowed to
defeat the plea.
The Court also noted the following case laws:
Daryao & Ors. v. State of U.P. & Ors., AIR 1961 SC
1457;
Forward Construction Co. & Ors. v. Prabhat Mandal
(Regd.), Andheri & Ors. AIR 1986 SC 391).
Smt. Somavanti & Ors. v. The State of Punjab & Ors.,
AIR 1963 SC 151
Ballabhdas Mathuradas Lakhani & Ors. v. Municipal
Committee, Malkapur, AIR 1970 SC 1002
Ambika Prasad Mishra v. State of U.P. & Ors., AIR 1980 SC
1762
Director of Settlements, A.P. & Ors. v. M.R. Apparao
& Anr., AIR 2002 SC 1598.
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