Jammu High Court delivered Jammu High Court delivered

1 year ago

Jammu High Court delivered two contradictory judgements on one and same matter one in 2007 and second in 2019. In first judgement the court put burden of proof on applicants but in second judgement the burden of proof put on mutation attesting authority that is Tehsildar. Pl advice in writing which is valid and authentic judgement. Also advice whether previous judgement is over ruled or not.

Anik

Responded 1 year ago

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A.Dear client. The Full Bench of Supreme Court in one of its decision held that in this case that when two conflicting judgments of the Supreme Court were there, then on principle the High Courts must follow the judgment which appears to it to lay down the law more elaborately and accurately.
However, when there are two conflicting decision of high courts the later one needs to be followed.
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Kishan Dutt Kalaskar

Responded 1 year ago

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A.Dear Sir,

Which ever is beneficial to you may be cited without disclosing the other. Normally, the latest judgement will be considered as valid judgement.
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