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Report No. 136

2.10. Present position.-

The unsatisfactory portion that can result from want of uniformity, does not require to be set out in detail. Even a cursory look at the condition of the case law on any matter arising by way of construction of statute or by way of exposition of uncodified law would be enough. Reports of the Law Commission of India on various subjects in the past have drawn attention to conflict of decisions, wherever necessary.1 One can also take at random, many more instances from the case law relating to any Central Act of general application and importance, and discover how there exists a want of uniformity on the interpretation of so many provisions of that Act. The position is the same, even when one comes to rules of law not derived from statute, but based on precedent.

1. See also para. 2.13, infra.

Conflicts in High Court Decisions on Central Laws - How to Foreclose and how to Resolve Back

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