Letters Patent Appeal - Higher Court Within the High Court?
By
Justice Rajan J. Kochar
Wisdom of a Judgment depends on the numerical strength of a Bench! Such was an opinion expressed by Justice O. Chinnappa Reddy of the Supreme court of India in one of his Judgments, the citation of which I do not readily recollect but the observations of the learned Judge have been printed in my memory. In the hierarchy system the law of the precedents is that a Judgment of a Larger Bench howsoever wrong that may be, is binding on a smaller Bench, howsoever wise the Judges of such a smaller Bench might be! This is an unfortunate phenomenon in our judicial system which is governed by the ladder of hierarchy. It is altogether different that the Supreme Court can always overrule the decisions of the High Courts, while the High Court can set aside the decisions of the Lower Courts within the territory of the State. I am confining myself with the position within the High Court itself.
It is well-known in the legal circle that quite a number of classical judgments of the then Chie ....