AI Overview...
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High Courts and Supreme Court mandates - High Courts are obligated to follow Supreme Court judgments, even if a review or reference is pending, and cannot refuse to follow such rulings on the ground of ongoing references or reviews Debidatta Sarangi, Assistant Director, Directorate of Enforcement, Government of India, Ranchi VS Sunil Yadav - Jharkhand, NATIONAL HIGHWAYS AUTHORITY OF INDIA THRO HARMENDRA SINGH ROTRWAL V/s MER RANABHAI RAMDEBHAI - Gujarat, UNION OF INDIA AND OTHERS vs EX NAIK PUNJAB SINGH AND OTHERS - Punjab and Haryana.
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Refusal to follow judgments - It is impermissible for a High Court to refuse to adhere to Supreme Court decisions merely because a review or reference is pending; such a refusal undermines the judicial hierarchy and the binding nature of Supreme Court rulings Debidatta Sarangi, Assistant Director, Directorate of Enforcement, Government of India, Ranchi VS Sunil Yadav - Jharkhand, NATIONAL HIGHWAYS AUTHORITY OF INDIA THRO HARMENDRA SINGH ROTRWAL V/s MER RANABHAI RAMDEBHAI - Gujarat.
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Procedure for references and reviews - References to larger benches or courts must be made properly and in accordance with legal procedures. Courts should examine the merits of the law before applying it and cannot delay compliance due to pending references unless directed by the Apex Court SANJAY KUMAR PATHAK VS STATE OF UTTAR PRADESH - Allahabad, Suresh Jaiswal VS State of U. P. - Allahabad.
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Limits of judicial review - The scope of review by High Courts is limited, and they must follow settled law without indefinite delay, especially when Supreme Court decisions are involved. Courts cannot rely on later doubts or unresolved references to refuse compliance SANJAY KUMAR PATHAK VS STATE OF UTTAR PRADESH - Allahabad.
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Government and judicial obligations - The government is required to make proper references on relevant grounds; refusal based on extraneous or irrelevant reasons is unlawful. Similarly, courts must act on existing legal principles without awaiting outcomes of pending references unless directed by the Supreme Court Rajesh Walia VS State of Himachal Pradesh - Himachal Pradesh.
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Consequences of non-compliance - Courts that fail to follow Supreme Court judgments risk contempt and scandalizing the judiciary. They are expected to adhere strictly to Supreme Court rulings without undue delay or reliance on pending references S. A. Sinha VS Leo Rebello - Crimes.
Analysis and Conclusion:
The consensus across the sources is clear: High Courts are bound to follow Supreme Court judgments regardless of pending reviews or references. They cannot refuse to implement or follow such decisions on the ground of ongoing references, as doing so would violate the hierarchical authority of the Supreme Court and undermine judicial discipline. Courts must adhere to the law as laid down by the Supreme Court promptly and cannot delay compliance due to pending procedural references unless explicitly directed otherwise by the Apex Court Debidatta Sarangi, Assistant Director, Directorate of Enforcement, Government of India, Ranchi VS Sunil Yadav - Jharkhand, NATIONAL HIGHWAYS AUTHORITY OF INDIA THRO HARMENDRA SINGH ROTRWAL V/s MER RANABHAI RAMDEBHAI - Gujarat, UNION OF INDIA AND OTHERS vs EX NAIK PUNJAB SINGH AND OTHERS - Punjab and Haryana.
Search Results for "High Courts Cannot Refuse to Follow Sc Judgment on Ground of Review Reference Pending against it"
2023 0 Supreme(Jhk) 1038 • India - Jharkhand
SANJAY KUMAR DWIVEDI
The court also referenced the judgment in the case of V.Senthil Balaji, emphasizing that further interrogation is not barred after ... , cannot be sent back to police custody for the same investigation. ... judicial custody, he cannot be sent back to police custody for the same investigation. ... Recently also, the Hon'ble Supreme Court has observed that the High Court cannot refuse to follow the ....
1949 0 Supreme(Kar) 8 • India - Karnataka
MALLAPPA, MEDAPA, BALAKRISHNAIYA
Finding of the Court: The Court held that the reference to the Full Bench was not irregular, and the grounds for review ... and for review of the judgments. ... The petitioners argued irregularity in the reference to the Full Bench and sought review on the grounds of the absence of their senior ... Moreover, an objection of this kind should be raised before the Bench decides the case and what is more an irregular....
2019 0 Supreme(All) 2285 • India - Allahabad
SUNITA AGARWAL, MAHESH CHANDRA TRIPATHI
Court's power to interfere in the election process, and the constitutional remedy of judicial review under Article 226 of the Constitution ... Ratio Decidendi: The Court held that the reference to the Larger Bench was not properly made and annulled it, as the questions ... judicial review under Article 226 of the Constitution of India, the maintainability of a writ petition under Article 226 in view ... The Kerala High Court had noted therein the meaning of word "#HL....
2007 0 Supreme(All) 533 • India - Allahabad
AMITAVA LALA, V.C.MISRA
, High Court has definite limits of review. ... [Para 18] ... (F) Reference—To Larger Bench and Review—Law relating to—Summarized—Reference ... on all Courts—But before applying that law, Court should examine that decision of Supreme Court—Blind reliance without examining ... In such case, the majority judgment of the Full Bench of the High Court with a pretence of humility and #....
2025 Supreme(GUJ) 175 • India - High Court of Gujarat
MRS. JUSTICE SUNITA AGARWAL, CJ, MR. JUSTICE PRANAV TRIVEDI, J
must follow the law as it stands and cannot await outcomes of references or review petitions unless directed by the Apex Court. ... The High Court is bound to follow the Apex Court's decisions without delay due to pending references. ... Conciliation Act, 1996, despite the pending reference to a Larger Bench. ... A judicial notice was taken by the Apex #HL_START....
2025 Supreme(Online)(P&H) 3911 • India - IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
HARSIMRAN SINGH SETHI, RAMESH KUMARI, JJ
were no grounds for interference. ... for the High Court to await a Supreme Court decision to adjudicate settled issues, as dictated by existing legal principles. ... (Paras 1, 10) ... ... (B) Jurisdiction of High Court - The court clarifies that it is not open ... It is also not open to a High Court to refuse to follow a judgment by stating that it has been doubted by a later ....
• India - Crimes
V.M.KANADE, REVATI MOHITE DERE
persistently harassed, intimidated, threatened Metropolitan Magistrate before whom his case was pending trial—Gist of Reference ... of issuing contempt notice against High Court for entertaining Criminal Reference—Respondent/Contemnor has committed criminal contempt ... cannot scandalize Court by writing letters to him at his residential or office address—Litigants cannot file applications for adjournment ... pending. ... Litigants,....
2014 0 Supreme(HP) 41 • India - Himachal Pradesh
RAJIV SHARMA
The Government cannot refuse to make a reference on irrelevant, irrational, or extraneous grounds or by examining the merits of the ... The Government cannot refuse to make a reference on irrelevant, irrational, or extraneous grounds or by examining the merits of the ... The Government refused to do so, stating that the dispute was not a fit case for reference. ... Division Bench has further held that the Governmen....
2015 0 Supreme(All) 19 • India - Allahabad
DEVI PRASAD SINGH, A.P.SAHI, AJAI LAMBA
to remedy in which the Court has no discretion to refuse—A review would be desirable to rectify the gross mistake of procedure—All ... —Power of review ex-detito justitiae—Chief Justice made a reference in a surviving matter—Expression ‘Ex debito justitiae’ refers ... of opinion—Reference as survives for being answered as it is in a pending PIL which has been kept alive by Division Bench itself ... pending to be resolved by reference#HL_EN....
2014 0 Supreme(AP) 810 • India - Andhra Pradesh
K.C.BHANU, ANIS
and petitioners now cannot agitate same issue by filing present writ petitions. ... Court and Supreme Court—Contention of petitioners that they came to know about Memo recently and filed Original Applications and ... G.O.Ms.No.1303, dated 31.08.1994, G.O.Ms.No.927, dated 21.09.1993 and Memo dated 21.12.1994 and also various orders passed by Tribunal, High ... on the ground that the State Government had committed an error while cancelling the recruitment; that the Tribunal rightly dismissed the Original ....
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