Questions

Can High Court Judgement be challenged?

Can High Court Judgement be challenged?

In India, a binding decision of the Supreme Court/High Court can be reviewed in Review Petition. The parties aggrieved on any order of the Supreme Court on any apparent error can file a review petition. Under Supreme Court Rules, 1966 such a petition needs to be filed within 30 days from the date of judgement or order.

Which writ can be specifically used against any over action committed by state thereby violating fundamental rights?

1. Habeas Corpus: The latin term habeas corpus means ‘you must have the body ‘ and a writ for securing the liberty was called habeas corpus ad subjiciendum. Writ of habeas corpus can be invoked not only against the state but also against any individual who is holding any person in unlawful custody or detention .

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Can a Supreme Court decision be overturned by any other court?

The U.S. Supreme Court is the highest court in the United States. Its decisions set precedents that all other courts then follow, and no lower court can ever supersede a Supreme Court decision. In fact, not even Congress or the president can change, reject or ignore a Supreme Court decision.

Which court can revise its own decisions?

the Supreme Court
Article 137 of the Constitution of India grants the Supreme Court the power to review any of its judgments or orders. This power is however subject to to the Rules made by the Supreme Court under Article 145, as well as the provisions of any law enacted by parliament.

Can High Court challenge central law?

In this context, it is relevant to note that Article 226A inserted in the Constitution by the 42nd amendment provided that a High Court cannot consider the constitutional validity of a Central legislation.

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Can the High court overrule itself?

notwithstanding the fact that the Court has regarded itself as free to overrule its previous decisions for a considerably longer period than its English counterpart has.