binding precedent

KADIWALAMA (Querist) 10 May 2010 This query is : Resolved
two conflicting decision of diff hc one is of single bench while other is of db of diff hc which is to follow?

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Devajyoti Barman (Expert) 10 May 2010
Single bench decision of the HC of the same state has got binding effect than larger bench decision of HC of different state.

mahendrakumar (Expert) 11 May 2010
yes, single bench decision of the HC is more binding on that state than the db decision of HC of some other state.

Raj Kumar Makkad (Expert) 11 May 2010
devjyotibis correct

N.K.Assumi (Expert) 11 May 2010
Agreed with the members, as the judgment of another High Court have only a persuasive value.

Surrender K Singal (Expert) 11 May 2010
If both the decisions are of non-home High Courts, the one favourable could be followed, provided there is no decision on the issue by either the Home High Court or the Supreme Court !

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