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All India Trinamool Congress vs Election Commission Of India & Ors on 30 April, 2026

In the case of Kanwaljit Deol & Anr. (supra), the Hon'ble Division Bench of the Delhi High Court has held that when a question of law is kept open by the Hon'ble Supreme Court not entertaining the SLP against the judgment of the High Court, in fact, what is done is neither to confer not to dilute the ratio of the judgment under challenge. That, however, does not mean the High Court in future case is allowed to take a fresh view 12 ignoring the law of precedence. It only means the Hon'ble Supreme Court refuses to bind itself of put it seal on the ratio propounded by the High Court in the judgment under challenge. Therefore, when an identical question comes up before the same High Court and is presented for consideration before a Bench of co- ordinate strength by virtue of the principle of law of precedence, the Bench would be bound by the ratio of the earlier judgment of the High Court unless preceded to refer to the Larger Bench.
Calcutta High Court (Appellete Side) Cites 12 - Cited by 0 - Full Document

All India Institute Of Medical Sciences ... vs Dr. Rakesh Lodha & Ors on 29 April, 2026

9. This Court has, in a recent decision in UOI v Kanwaljit Deol5, examined the impact of the Supreme Court, dismissing an SLP leaving the question of law open. We have clearly held that the judgment of the Court, which is under challenge before the Supreme Court attains finality, and it cannot be said that it has lost precedential value. We may reproduce the paragraphs from the said decision as follows:
Delhi High Court Cites 9 - Cited by 0 - C H Shankar - Full Document
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