Article 141 in Constitution of India
141. Law declared by Supreme Court to be binding on all courts
The law declared by the Supreme Court
speaking or reasoned order - no merger but
Rule of discipline and Article 141 attracted. The efficacy of an
order disposing of a special leave petition ... while dismissing a special
leave petition under Article 136 the decision becomes one which
attracts Article 141. But when no reason is given
binding on all persons throughout the country in view of
Article 141 of the Constitution. By the said Judgment, this
Court having held that ... ignore the
binding nature of a judgment of this Court under Article 141
of the Constitution. According to him, such an interpretation
would make
Delhi Law Times 162,
over-ruled.
3. A mere reading of Article 141 brings into sharp
focus its expanse and all pervasive nature. There ... decision rendered by the Supreme Court and a
misreading of Article 141 of the Constitution. [779 F-G;D-E]
JUDGMENT:
CRIMINAL APPELLATE JURISDICTION : Criminal
have been examined by the Full
Bench in the light of Article 141 of the Constitution and not by applying
the doctrine of merger. Article ... declared, to have a binding effect as is contemplated by
Article 141. His Lordship quoted the observation from B. Shama Rao v. The
Union Territory
time to time, realising that theory of precedent and mandate of Article 141 of the Constitution of India requires exact approach by Courts to make ... Court said in Paragraphs 15 to 23 that-
"15. Article 141 of the Constitution provides that-
The law declared by the Supreme Court shall
required to do complete justice in the case.
Those two Articles ( Article 141 and 142 ) are set
out:-
"141. Law declared by Supreme Court ... under
Article 32 of the Constitution and the directions
"would be treated as the law declared by the Court
under Article 141
Petition (Civil) No. 9186/2007 being a declaration of law under Article 141 of the Constitution of India and is a binding precedent regard being ... declaration of law by the Supreme Court under Article 141 of the Constitution for there is no law which has been declared....
Thereafter Their Lordships
this Court should restate the law or declare the
law under Article 141 on balancing of Article 19(1)(a) rights vis-à-vis
Article ... limited period. Thus,
if one reads Article 19(2) , Article 129/ Article 215 and Article 142(2) , it
is clear that Courts of Record “have
present case the plaintiffs'
suit is governed by article 124 or article 141 of the
Limitation Act ? If article 141 is the appropriate article ... learned Judges that the proper article to be applied in this
case is article 124 and not article 141. There could be no
doubt that