AIR 1983 SIKKIM 19

Sikkim High Court

Hon'ble Judge(s): Anandamoy Bhattacharjee , J

(A) Arbitration Act (10 of 1940) , S.16, S.39— Appeal against order confirming award passed after remittal of award - Competent. (Para 4) (B) Arbitration Act (10 of 1940) , S.13, S.16, S.30(c)— Remittal of claim not covered by reference - Award of such claim on remittal is invalid within meaning of expression "is otherwise invalid" in S.30 (c). (Para 6) (C) Constitution of India , Art.141— Conflicting decisions of benches of equal strength of Supreme Court - Binding effect of. Precedents. When there are contrary decisions of the Supreme Court rendered by Benches of equal strength, the High Court, in theory, being bound by each one, is, in effect bound by none and is not necessarily obliged to follow the one later in point of time but may follow the one which according to it, is better in point of law. But when the later decision, even though appearing to be contrary to the earlier one, has distinguished the earlier decision on certain grounds, both the decisions would bind the Subordinate Courts and the earlier decision would continue to govern all matters decided therein subject to the distinctions made in the later decision. For once an e....