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Untill larger bench gives decision divisional's decision is valid?


29-Sep-2023 (In Civil Law)
Hi Sir, A divisional Bench of Supreme court of India made a conclusion for a matter in judgments. In that judgments it also Mention that the “matter should be reconsidered by a larger Bench and for that purpose the records of the case be placed before the Hon’ble the Chief Justice of India for constitution of a larger Bench.” I want to know whether until larger bench final decision, whether the SC divisional bench “REPORATBLE” judgments is valid?. Any point in law highlight above subject.
Answers (1)

Answer #1
828 votes
No, it wont be valid as there will be a reference to larger bench which will decide on particular facts of case but wont lay down any law . This is so because there must have been two decision both contradicting each other by two different division bench of Supreme Court. It will be difficult to say which is to be adhered.

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