Why in News?
The Supreme Court recently explained the effect of merging the trial court's decree with that of the decree passed by the High Court in the second appeal.
- Doctrine of merger – It is a common law principle that states that when a superior court makes a final order on a case, the lower court's order is merged into it.
- This means that the superior court's order is the final and binding order.
- Working - The doctrine of merger applies when a lower court's order is challenged in a superior court.
- The superior court can affirm, modify, or reverse the lower court's order.
- Once the superior court makes a final order, the lower court's order is merged into it.
- The superior court's order is the final and binding order.
- Features - The doctrine of merger prevents more than one order from governing the same subject matter at the same time.
- It helps determine which order should be enforced when multiple orders are made on the same issue.
- The doctrine of merger applies in judicial proceedings.
- It applies when the Supreme Court is exercising its appellate jurisdiction.
- Judicial Doctrine Overview
- Statement of judicial propriety.
- Aims to discipline subordinate adjudicating authorities.
- Not universally applicable; depends on superior forum jurisdiction and challenge content.
Reference
Live law | Supreme Court Explains Doctrine of Merger
