S B Mumbai (Student) 07 May 2016
Dear Experts
Are there any judgements by the Hon. Supreme Court or any law which clearly define(s) which judgement will find precedence when two or more judgements from the same court are conflicting in nature?
Most lawyers I could talk to opine that the most recent judgement should have precedence, but I am not able to find any case law or law which clearly states this.
Any help is greatly appreciated.
Kunal Godhwani 07 May 2016
No, the recent judgment will prevail only when it has distinguished the earlier judgment or when it has been passed by larger bench. I am reproducing below the judgment of the Hon'ble Madhya Pradesh High Court.
Jabalpur Bus Operators ... vs State Of M.P. - 2003 (4) JCR 325 MP, 2003 (1) MPHT 226
"In case of conflict between two decisions of the Apex Court, Benches comprising of equal number of Judges, decision of earlier Bench is binding unless explained by the latter Bench of equal strength, in which case the later decision is binding. Decision of a Larger Bench is binding on smaller Benches. Therefore, the decision of earlier Division Bench, unless distinguished by latter Division Bench, is binding on the High Courts and the Subordinate Courts."
© 2024 LAWyersclubindia.com. Let us grow stronger by mutual exchange of knowledge.
