March 06, 2014

Can a state High Court in India rule for the entire Country? - SGC

Can a state High Court in India rule for the entire Country?


I was intrigued about this :
Delhi High Court allows nationwide release of Madhuri Dixit-starrer 'Gulaab Gang' tomorrow
How can Delhi HC have jurisdiction over other states? Is it Supreme Court Part II
Can Gujarat High Court allow something in Rajasthan?
If yes, why do we have hierarchy of courts in each state?
Ignorance, you know, is a bliss

I asked Aditya Yagnik, a second generation and young Law enricher and my neighbor about this and this is the series of Facebook Posts he responded to

The reason being the plaint (suit) with regard to the objection would have had been filed before the Delhi HC and the verdict has been passed by it as its due course, ofcourse there is a remedy to this, Delhi HC's order can be challenged before the Hon...See More
30 minutes ago • Like
since the dipute is pertaining to a movie release in India , in such instances it always happens that the portrayal of the movie tends to dismember or hurt the sentiments of a group of individuals, in such instances where "public interest"...See More
So other courts doesnt have this "Original Jurisdiction"?
All State HC's have the original jursidiction under Art 226

Binu Alex Which means all state HCs can have national jurisdiction.
They can pass judgements that is applicable to other states too?
What if a State wants exemption from such a ruling by saying it doesnt apply to us. For eg, if Hindi is made compulsory in India by Delhi HC, can Tamil Nadu court say, it doesnt apply to us

Aditya Yagnik Yes Delhi HC can pass judgments which can be applicable to other states
An individaul state claiming an exemption can knock the doors of their respective HC but the onus shall be on them
High Courts of the state are constituted under the provisions of the Constitution of India, hence their ruling can be made applicable to entire India if prayed for
A petition (suit) is filed in a court of law, which is followed a prayer , which herein means what remedy you seek, now if you pray for a release say within the territory of Delhi, then it can be ruled accordingly, but if prayed for an all India release, DELHI HC CAN GRANT you....
Take for instance the Naz foundation .....sec 377 IPC gay rights, that was filed before Delhi HC, and ruled by it
And also to let you know if u seek exemption in your state HC , if the judgment of Delhi is passed and that two by a division bench, it shall have a persuasive value.
Decision of any High Court binding on all subordinate authorities and Tribunals throughout India until contrary view is taken by other HC
And the bottom-line is the "prayer".. What remedy are you seeking?

Thank You Aditya. This clears my doubt

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