AIR 2003 MADHYA PRADESH 81 ::2003 A I H C 1781 ::(2003) 4 IndLD 151 ::(2003) 3 RecCivR 342 ::2003 (1) JabLJ 105 ::(2003) 1 MPLJ 513 ::(2003) 4 JCR 325 (MP) ::(2003) 1 MPHT 226

Madhya Pradesh High Court

Hon'ble Judge(s): Bhawani Singh , C.J. AND Deepak Mishra, K. K. Lahoti, S. L. Jain, A. K. Shrivastava , JJJ

Precedents - Decisions of Benches of equal strength - Decision of earlier Bench is binding unless explained by later Bench of equal strength, in which case later decision is binding. AIR 2001 Madh Pra 268, Overruled Constitution of India , Art.141— With regard to the High Court, a Single Bench is bound by the decision of another @page-MP82 Single Bench. In case, he does not agree with the view of the other Single Bench, he should refer the matter to the Larger Bench. Similarly, Division Bench is bound by the judgment of earlier Division Bench. In case, it does not agree with the view of the earlier Division Bench, it should refer the matter to larger Bench. In case of conflict between judgments of two Division Benches of equal strength, the decision of earlier Division Bench shall be followed except when it is explained by the latter Division Bench in which case the decision of latter Division Bench shall be binding. The decision of Larger Bench is binding on smaller Benches. In case of conflict between two decisions of the Apex Court, Benches comprising of equal number of Judges, decision of earlier Bench is binding unless explained by the latter Bench of equal strength, in which case the later decision is binding. Decision of a Larger Bench is binding on smaller Benches. Therefore, the decision of earlier D....