Judgment of Supreme Court

  1. Judgment — Binding nature of — Judgment of Supreme Court binding on all Courts — If observations recorded are over- looked or by-passed that will amount to violation of Constitution and Supreme Court Rules. M. Latif Khan v. Muhammad Latif and another 1998 SCR 379 (A)
  2.  Nullification of effect of—-according to Constitutional provisions as well as principle of law, any matter which has attained finality in the light of the judgment of the Apex Court, cannot be reopened or nullified—No authority can exercise powers on pretext that the Prime Minister/Controlling Authority has issued order which amounts to nullify the final judgment of this Court–Neither controlling authority vested with the powers nor subordinates are bound to carry out such illegal orders. Syed Shabbir Ahmed Bukhari  v. Controlling Authority & others 2019 SCR 707 (A & B)    
  3. —After the judgement of Supreme Court, the executive authority cannot pass any order. Syed Shabbir Ahmed Bukhari  v. Controlling Authority & others 2019 SCR 707 (D)  2000 SCR 97 ref
  4.  —Law declared by the Supreme Court is binding on all the executive and judicial authorities—As up-gradation of similarly placed employees have been approved by this Court, therefore, Held. The law declared by this Court was binding on all the executive and judicial authorities in the AJ&K and the Govt. should have remove the disparity amount the similarly placed employees so that their grievance could have been redressed through administrative justice without approaching the Courts. Muhammad Sharif & another v. Azad Govt. & 4 others 2019 SCR 971 (B)
  5. —Article 42-B, AJ&K Interim Constitution, 1974— Decision of the Supreme Court binding on all Court of AJ&K including the High Court of AJ&K—-In the remand order the Supreme Court had clearly directed that the matter may be appreciated while considering the relevant provisions of the impugned Memorandum in juxtaposition but the learned High Court has not considered the same as per direction contained in the remand order. The matter has also not been placed before the larger bench, as it was already decided by the division bench of the High Court. Under Article 42-B of the Azad Jammu and Kashmir Interim Constitution, 1974, any decision of the Supreme Court shall, to the extent that it decides a question of law or is based upon or enunciates the principle of law, be binding on all the Courts in Azad Jammu and Kashmir It was imperative for the learned High Court to constitute a larger bench to examine the controversy as was directed in the light of the above provision of law, read with article 42-A(3) of the Constitution. Riaz Ahmed & 75 others v. Accountant General & 2 others 2020 SCR 737 (L)
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