High Court Larger Bench.
pratik
(Querist) 04 August 2010
This query is : Resolved
Single bench decision of the HC of the same state has got binding effect than larger bench decision of HC of different state.(meaning of larger bench decision ) Also pls comments on the above mentioned topic if possible with the section s& case laws.
Thanks In Advance.
Chanchal Nag Chowdhury
(Expert) 04 August 2010
In many cases,a HC has been found to be of an opinion on a particular point. The Single bench of that court usually follow that line even if it is at variance with a DB of another HC.
However, if there is no such precedent,a Single bench usually follows a DB of another HC.
Pl. remember that precedents are guides. Decisions may vary because of facts & circumstances of a particular case.
s.subramanian
(Expert) 04 August 2010
yes. i concur with chanchal.
N.K.Assumi
(Expert) 04 August 2010
I am of the view that a single Judge is bound to give effect to the view of the bench of the same High Court on a particular case whether right or wrong as the judgment of another State High Court has only persuasive value and not binding force on another High Court. Ofcourse if there is no such precedent of the intra High Court he can rely on another High Court Bench decision.
