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Showing contexts for: judicial comity in Mehratex India Ltd. vs Dy. Cit, Circle 6(5) on 29 April, 2005Matching Fragments
The ratio decidendi of a judgment is a binding precedent. The hierarchy of authority with regard to binding precedent is summed up in paragraph 28 at page 158 of "Salmond on Jurisprudence, Twelfth Edition, as follows :
The general rule is that a court is bound by the decision of all courts higher than itself. A High Court Judge cannot question a decision of the court of Appeal, nor can the court of Appeal refuse to follow judgments of the House of Lords. A corollary of the rule is that the courts are bound only by decisions of higher courts and not by those of lower or equal rank. A High Court judge is not bound by a previous High Court decision, though he will normally follow it on the principle of judicial comity, in order to avoid conflict of authority and to secure certainty and uniformity in the administration of justice. If he refuses to follow it, he cannot overrule it; both decision stand and the resulting antimony must wait for a higher court to settle.