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Issues involved:
The conflict between two decisions of the Supreme Court regarding which decision should be followed by High Courts and other Courts in the country. Judgment Details: Issue 1: Conflict between two decisions of the Supreme Court A Full Bench of three Judges referred the question of which decision to follow when there is a conflict between two Supreme Court decisions to a larger Bench of five Judges. The earlier opinion favored following the later decision in case of a conflict. However, doubts arose regarding this view due to the pronouncement in another Supreme Court case. The Supreme Court emphasized that when unable to reconcile conflicting observations, the decision of the larger Bench should be preferred, even if it is earlier. The High Court concluded that decisions of larger Benches should be followed over smaller Benches, regardless of the timing of the decisions. Issue 2: Conflict between Benches of equal number of Judges The second part of the question involved conflicts between decisions of equal Bench strength in the Supreme Court. The High Court opined that in such cases, the later decision should be followed by High Courts and other Courts. However, this practice was deemed not a rule of propriety or justice but rather a means to promote consistency and avoid uncertainty. The High Court was advised to consider which decision better serves the administration of justice and follow that, whether it is earlier or later. Opinion of the Full Bench: The Full Bench concluded that when faced with conflicting Supreme Court decisions, the decision of the larger Bench should be followed, irrespective of its timing. In cases where Benches have an equal number of Judges, the later decision should be preferred by High Courts and other Courts. Conclusion: The High Court provided a comprehensive analysis of the principles guiding the resolution of conflicting Supreme Court decisions and established a clear rule for High Courts and other Courts to follow in such situations.
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