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Report No. 136

2.16. Question to be considered-the machinery.-

This excursus has been considered necessary in order to enable us to proceed to the next question. If, as is the theme of the preceding paragraphs, uniformity of decisions and remedying of the inconvenience caused by conflicting decisions is a desideratum, then what should be the machinery for maintaining such uniformity? Is the existing machinery on the subject adequate and if not, what new measures should be devised for the purpose? We shall, at the proper place, give some samples of important points of law on which there appears to exist conflict of decisions.

In that connection, we may also mention that there are several questions of law on which such a conflict existed in the past for a fairly long period, though the same has been subsequently removed, either by judicial pronouncements of the court, or by legislative clarification made as a result of the recommendations of the Law Commission of India or otherwise. At the end of this report, we shall make appropriate recommendations as to the mechanism to be introduced for the purpose of maintaining uniformity.

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

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