Civil Suit – Suit for possession has to describe the property in question with accuracy and all details of measurement and boundaries. When this was completely lacking , a suit for possession with respect to such a property would be liable to be dismissed on the ground of its identifiability. (Para 23)
Judicial Discipline – Lower or subordinate Courts do not have the authority to contradict the decisions of higher Courts – Referred to Central Board of Dawoodi Bohra Community & Anr. vs. State of Maharashtra & Anr (2005) 2 SCC 673 -‘Judicial Discipline and Propriety’ and the Doctrine of precedents has a merit of promoting certainty and consistency in judicial decisions providing assurance to individuals as to the consequences of their actions. (Para 20, 1)
Doctrine of merger- A common law doctrine that is rooted in the idea of maintenance of the decorum of hierarchy of courts and tribunals – The doctrine is based on the simple reasoning that there cannot be, at the same time, more than one operative order governing the same subject matter- Referred to Kunhayammed & Ors. v. State of Kerala & Anr. (2000) 6 SCC 359 (Para 17)
Precedent – When a decision of a coordinate Bench of same High court is brought to the notice of the bench, it is to be respected and is binding subject to right of the bench of such co-equal quorum to take a different view and refer the question to a larger bench. It is the only course of action open to a bench of co-equal strength, when faced with the previous decision taken by a bench with same strength. (Para 1)