PRACTICE AND PROCEDURE_ Binding precedent

Binding precedent – Earlier Decision of a co-equal bench, held is binding on another co-equal bench and has to be respected by it. Judicial discipline and decorum is paramount. Where the latter bench feels that the earlier judgement is so incorrect that it cannot be followed, it should refer the matter to a larger bench.  Cases of Kalika Kuer [JT 2003 (4) SC 489], G.L. Batra, Jaisri Sahu alongwith other cases referred. (Paras 16-24)

National Insurance Company Limited

v.

Pranay Sethi and Ors.

 

Dipak Misra, CJI., A.K. Sikri, A.M. Khanwilkar, Dr. D.Y. Chandrachud, Ashok Bhushan JJ.

Judgement Date 31-10-2017