AIR 1975 BOMBAY 120 ::1975 Mah LJ 29 ::76 Bom LR 729

Bombay High Court

Hon'ble Judge(s): Desai, Sawant , JJ

(A) Constitution of India , Art.141— "Law declared by Supreme Court" - Obiter dicta - Even the obiter of the Supreme Court is entitled to the highest respect (Precedents - Obiter dicta). (Para 10) (B) Precedents - High Court decisions - Co-ordinate Benches - Later Division Bench is bound by earlier decision of the Division of same High Court. It is well settled that normally one Division Bench of a High Court cannot take a view contrary to the decision given by another Bench of that Court, It is equally well settled that an interpretation (and equally a misinterpretation) of a binding decision of the Supreme Court will itself be binding subsequently on co-ordinate courts and must be got corrected by a higher Court, and no coordinate court on that ground may refuse to follow an earlier decision, opining that in its view the said earlier decision had @page-Bom121 wrongly understood or improperly applied a decision of a higher Court.(Para 11) (C) Precedents - Application of precedents - Extent of authority - A decision is only an authority for what it actually decides. A decision is only an a....