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Need advice on civil procedure case


15-Jun-2023 (In Civil Law)
Ques. 1 Sir, Is lower court is duty bound to follow the order of High court ? Ques. 2 My case is in Saket court for trial. HC had given instruction to dispose of case within 1 year. Sir if Lower court didnot dispose off the case then it will be contempt of court or not? Further what option we can assess in this case i.e. Application again to High court to give direction or any other course of action.
Answers (3)

Answer #1
617 votes
Lower court is bound by the orders of superior court. There is no doubt about that in following judicial discipline and heirarchy. In the case where time limit is given to the lower court to dispose of the case within a fixed time frame, if the lower court transgress the limit it cannot be amounted to contempt of court. However you can prefer an application before the superior court once again.
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Advocate Shikhar Garg

Adv. Shikhar Garg

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Answer #2
713 votes
Hello. 1. Yes, the lower court is duty bound to follow the order of the High Court. 2. In cases such as this, one is advised to file a Contempt Petition in the High Court for direction to the District/lower Court. Regards
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Advocate Abhishek Yadav

Adv. Abhishek Yadav

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Answer #3
738 votes
yes the lower court is duty bound to follow the order of High Court. The answer of your send question is that these types of situation is not coming under the contempt of court. you can file an application before the Hon'ble High Court for the same and also annexed the previous order of the High Court along with application.
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Advocate Chandra Shekhar Mishra

Adv. Chandra Shekhar Mishra

LawRatoDelhi | 25+ Answers
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