How to apply for execution of the order passed by the High Court

703 votes

The MCD and police are bound to follow the decision of the Courts but simply giving the copy of the Order is not sufficient to make them functioning according to the decision of the Court. It is advisable to file an Execution Petition before the Court so that the Court may direct the required authorities to act upon the decision of the Hon'ble Court.

Advocate Megha Kain LawRato

766 votes

Question: Respected Sir, I understand that HIgh Court Decisions are followed for similar cases in lower court. Is the MCD, police are bound to follow High court decisions on similar cases, if we provide them the copy of decision. or We need to apply to lower court, giving the reference of decided matter (by HC), and then only MCD and police may follow that order. In other words, how can we get benefit from the decided matters of HC? where to apply?

Advocate Imran Ahmad LawRato

513 votes

Hello

The precedents set by the High court are equivalent to law for the Lower courts and the decision of the Lower courts cannot be in contravention to the High court's judgement. However, if a High court judgment is giving certain directions to the MCD or Police then they are bound to follow those directions or orders and you are not required to go through a lower court except to seek enforcement of the same incase it is not being adhered to.
Hope this helps.

Advocate Abhishek Yadav LawRato

710 votes

High courts are court of records n their decisions are applicable to lower courts. U can file the case in the court of area magistrate n cite the decisions of high court in similar case. The magistrate can direct police for the proper action.

Advocate Rohit Kohar LawRato