We are seeing before us judgments and orders by High Courts not deciding cases on the ground that the leading judgment of this Court on this subject is either referred to a larger Bench or a review petition relating thereto is pending. We have also come across examples of High Courts refusing deference to judgments of this Court on the score that a later Coordinate Bench has doubted its correctness. In this regard, we lay down the position in law. We make it absolutely clear that the High Courts will proceed to decide matters on the basis of the law as it stands. It is not open, unless specifically directed by this Court, to await an outcome of a reference or a review petition, as the case may be. It is also 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, as held by a 5-Judge Bench in National Insurance Co. Limited v. Pranay Sethi, MANU/SC/1366/2017 : (2017) 16 SCC 6805. The High Courts, of course, will do so with careful regard to the facts and circumstances of the case before it. {Para 35}
IN THE SUPREME COURT OF INDIA
Civil Appeal No. 5707 of 2023
Decided On: 06.09.2023
Union Territory of Ladakh and Ors. Vs. Jammu and Kashmir National Conference and Ors.
Hon'ble Judges/Coram:
Vikram Nath and Ahsanuddin Amanullah, JJ.
Author: Ahsanuddin Amanullah, J.
Citation: 2023 INSC 804, MANU/SC/0988/2023.
Print Page