Precedents (CaseLaws)

Can High Courts refuse to decide cases on the ground that the leading judgment of the Supreme Court is (1) referred to a larger Bench or (2) a review petition relating thereto is pending or (3) a later Coordinate Bench has doubted its correctness ? No ! High Courts have to proceed to decide matters on the basis of the law as it stands ! It is not open to a High Court to refuse to follow a judgment by stating that it has been doubted by a later Coordinate Bench. In any case, when faced with conflicting judgments by Benches of equal strength of this Court, it is the earlier one which is to be followed by the High Courts. Union Territory of Ladakh vs Jammu and Kashmir National Conference 2023 INSC 804