Important Legal Definitions
Explore legal terms, clear definitions and practical examples.
De Facto Validity of Orders
Judicial Orders, Injunctions & Precedents
Definition
The principle that an order, injunction, or judgment pronounced by a court must be obeyed and treated as valid by all parties until it is formally stayed, set aside, or varied by a superior court, even if a party believes the order is erroneous.
Example
In State of U.P. v. Brahm Datt Sharma, the Supreme Court held that a party cannot ignore an injunction passed by a competent court on their own assessment that it is illegal; they must obey the order until it is set aside in appeal.