Position in regard to different Benches.

pratik (Querist) 22 August 2010 This query is : Resolved
Also i would like to invite the LD members to share their views with me if possible with the section & case laws.

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.

Query : WHat do u mean by Judicial propriety ? Which section or act or case laws says the above mention . If Possible with the help of a example.

Thanks In Advance.

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Chanchal Nag Chowdhury (Expert) 22 August 2010
Everything is not covered by statutes. Judicial propriety is a matter of convention & good conscience while deciding a case by a judge.
However, certain restrictions have also come by way of provisions of the Advocates Act, e.g.,a judge will have to release/refrain from hearing cases in which his close relative is either involved in the litigation or is appearing as an Advocate for a party.

s.subramanian (Expert) 22 August 2010
yes. I agree with Mr.Chanchal.

N.K.Assumi (Expert) 23 August 2010
It is the uniform practice in all the High Courts in India that if one Division Bench differs from an earlier view on a question of law of another Division bench, a reference is made to a larger Bench, as for example the Calcutta High Court has been in this practice since 1867. Pursuit of law however glamorous it is, has its own limitation on the Bench. In a multi judge Court, the judges are bound by precedents and procedure. The judicial decorum and legal propriety demand that where a single judge or a division Bench does not agree with the Bench of co-ordinate jurisdiction, the matters shall be referred to a Large bench.
The word propriety has no where been defined but it simply means fitness, appropriateness to the circumstances or conditions, conformity with the requirement of rules with the principle of rightness, corrctness, justness, accuracy.