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Division Bench reference not binding.

Querist : Anonymous (Querist) 12 July 2011 This query is : Resolved 
A Judgment delivered by a Division bench on a reference made by a single bench with the help of Chief Justice of the High Court, since such judgment would not be a judgment at all, and has no existence in law, becasue such a reference was tantamount to usurping the juridicrtion of the chief Justice.

The judgment delivered by the Division bench cannot be called as a binding precedent as it was a reference by a single bench to the division bench.

Help me & pls do support the answer with the case law.
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Advocate. Arunagiri (Expert) 12 July 2011
Your basis of the theory is wrong.


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