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(Guest)

Kindly correct me !

I am a non legal person here and like to be corrected by ld. Advocates of the forum of my basic understanding of following interpretation as I understood them to be correct as per me but like ot be further corrected, kindly comment ;


Position in regard to different Benches of the same High Court - The position in regard to the different Benches of the same High Court is as follows :

1.   A Single Judge or a Division Bench order of a High Court is binding on the single Judge of the same High Court.

2.   It is obligatory on the part of a Division Bench to follow the decision of another Division Bench of equal strength or a Full Bench of the same High Court.


3. 
   Judicial propriety requires a Single Judge to follow and apply earlier Division Bench judgment of the same Court which is very much binding on him sitting as a Single Judge of the same High Court


4.    Where a Single Judge does not subscribe to the views expressed in a Single Judge’s order or Division Bench’s order of the same High Court, he should place the papers before the Chief Justice to enable him to constitute a larger Bench to examine the question.


5.    Similarly where a Division Bench differs from another Division Bench of the same High Court, it should refer the case to a larger Bench.



Learning

 2 Replies

N.K.Assumi (Advocate)     22 August 2010

Dear Dr.Arun Sir,

Answer No.1.Yes, and if he doubt it he should refer it to the Division bench via the Chgief justice of the HC.

Answer No.2.No, it has only pursuasive value.

Answer No.3.Yes.

Answer No.4.Yes.

Answer No.5.Yes.


(Guest)

Thank you Sh. Assumi for corrcting me on Point No. 2, but I still somehow believe that it should be obligatory for Division Bench of same High Court to agree to Full Bench of same High Court !.


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