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Case information
| Court | Supreme Court of Bangladesh — High Court Division |
|---|---|
| Case reference | First Appeal 282/2007 |
| Case-reference year | 2007 |
| Case type | First Appeal |
| Court website upload date | 16-AUG-26 |
The case-reference year is not the judgment year. The court website upload date is not a judgment date.
Official index description (excerpt)
Source: Supreme Court official index.
These principles rest upon judicial discipline, certainty and consistency in the administration of justice and are equally relevant to the interpretation of Article 111 of the Constitution of Bangladesh, which embodies the doctrine of binding precedent. In the absence of any contrary pronouncement of the Appellate Division, the aforesaid decisions of the Supreme Court of India provide persuasive guidance on the question of Bench strength. Thus, where two decisions of the Appellate Division are in conflict, the decision rendered by the Bench of greater numerical strength must prevail, and a smaller Bench cannot overrule or depart from the decision of a larger Bench. It appears that Rezaul Karim and others v. Shamsuzzoha and others, 49 DLR (AD) 68, was decided by a five-Judge Bench, whereas Chinmoy Chowdhury and another v. Mridul Chowdhury and others, 55 DLR (AD) 115, was decided by a three-Judge Bench. Accordingly, notwithstanding that the latter decision expressed a divergent view, the decision in 49 DLR (AD) 68, having been rendered by the larger Bench, is binding upon the High
[Excerpt ends; the complete index description is retained in the catalogue JSON.]