Hello friends, Sometimes the High Court faces a strange situation when two decisions of the Supreme Court do not match each other. In such a situation, which decision should the High Court follow? This question has been answered recently by the Supreme Court, which has brought out new guidance for the judiciary. Let us know about this decision in detail.

What did the Supreme Court say?

A bench of the Supreme Court, consisting of Justices JB Pardiwala and R Mahadevan, made an important observation. He said that if two decisions of the Supreme Court seem contradictory, the High Court should not choose one and ignore the other. Rather, it should try to understand and balance both and adopt the decision whose circumstances are more in line with the current case. In this context, Justice Pardiwala reiterated the advice given by Lord Halsbury in Quinn v Leathern (1901 AC 495), which said that every decision should be seen based on its specific facts. The general views expressed in any judgment do not represent the entire law but are limited to that particular case only.

What was said in the earlier judgments?

However, some earlier judgments of the Supreme Court had held that if two judgments of the same bench conflict, the High Court should follow the earlier judgment. In the case of UT of Ladakh v. Jammu & Kashmir National Conference, the Supreme Court had held that if two judgments of the same bench of the Supreme Court conflict, the High Court should give preference to the earlier judgment. Further, the same view was reiterated in the judgment of National Insurance Company Limited v. Pranay Sethi (2017) 16 SCC 6805 delivered by a five-judge bench that the High Court should follow the earlier judgment but at the same time should also pay full attention to the circumstances of the case.

New guidance for the High Court

This new judgment has advised the High Court to adopt a balanced approach. Now the High Court will not have to make a decision based only on the old or new decision, but it will have to understand both the decisions, analyze their facts and decide which decision matches the circumstances of the current case more. This decision gives more freedom and flexibility to the judiciary, which can lead to more equitable decisions. This new decision brings an important change in the Indian judicial system. It inspires the High Court to study the legal decisions deeply and take the right decision. This will make the process of justice more transparent and logical.

Disclaimer: Friends, this article is written for information purposes only. It cannot replace any legal advice. If you need help in any legal matter, please contact a qualified lawyer.

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