Monday, 22 September 2014

Apex Courts Judgment -When there are binding decisions, judicial comity expects and requires the same to be followed. Judicial comity is an integral part of judicial discipline and judicial discipline the cornerstone of judicial integrity

IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NOS. 165-166 OF 2011
Sunil Damodar Gaikwad … Appellant (s)
Versus
State of Maharashtra … Respondent


Para 18 of Judgement

18. When there are binding decisions, judicial comity expects
and requires the same to be followed. Judicial comity is an
integral part of judicial discipline and judicial discipline the
cornerstone of judicial integrity. No doubt, in case there are
newer dimensions not in conflict with the ratio of larger
bench decisions or where there is anything to be added to
and explained, it is always permissible to introduce the
same.

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In case of Agreements of sale in respect of open lands and no constructions are existing thereon, it is only Article 6(A) of Schedule 1(A) of the Indian Stamp Act, 1899, applies but not Article 6(B) of Schedule 1(A) of the Indian Stamp Act, 1899.

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