FahimuddIn and ors. Vs. State of Uttar Pradesh and anr.

- section 37b & constitution of india, article 141: [k.g. balakrishnan, c.j.i., dr. arijit pasayat, harjit singh bedi, p. sathasivam & j.m. panchal, jj] circulars issued by board binding effect held, circulars and instructions issued by the board are no doubt binding in law on the authorities under the respective statutes, but when the supreme court or high court declares the law on the question arising for consideration, it would not be appropriate for the court to direct that the circular should be given effect to and not the view expressed in a decision of supreme court or the high court. so far as the clarifications/circulars issued by the central government and of the state government are concerned they represent merely their understanding of the statutory provisions. they are not binding upon the court. it is for the court to declare what the particular provision of statute says and it is not for the executive. looked at from another angle, a circular which is contrary to the statutory provisions has really no existence in law.r.s. sarkaria, j.1. special leave granted. after carefully perusing the record, we find that the offence disclosed against the appellants is one under section 324 read with section 325 of the indian penal code. these offences are compoundable with the permission of the court. the parties have made a request that they should be allowed to compound the case and they have also filed a composition deed in the high court. in view of this, the permission to compound the offence is granted and in consequence the appeal is allowed and the appellants are ac-quitted of the charges leveled against them.