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Report No. 136

Chapter IV

Identification of Some Problems Arising out of Conflicting Decisions of Different High Courts and Suggestion of Remedial Measures

4.1. The same law cannot be continued to be allowed to be interpreted, applied or administered, in different parts of the country in an inconsistent and conflicting fashion by different High Courts of the concerned States. The conflict 'may' in course of time be resolved by the Supreme Court provided however that it is carried to the Supreme Court. (The litigant may not have the will or the resources to approach the Supreme Court).

Even if the conflict ultimately gets resolved, it may be after a decade or two. Existing conflicts must, therefore, be removed by remedial legislative measures. The stupendous and arduous task can be undertaken only in a phased manner. In the present chapter the Commission has &all with problems arising out of the Hindu Marriage Act, 1955 and the Hindu Succession Act, 1956 respectively.

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

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