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.
