In such circumstances, legal position which emerges is that the
second Division Bench of the High Court should not have given
finding contrary to the findings of the 1st Division Bench of the
same Court on the same point and should have adopted the
correct method by making a request for constitution of a larger
Bench, if a contrary view had to be taken. [...] We, therefore, hold
that the earlier judgment of equal Bench in the High Court on the
same point is binding upon the second Bench and if a contrary
view had to be taken, then request for constitution of larger Bench
should have been made. [emphasis added]
Used in Judgement of
Lahore High court
WP- Criminal Proceeding
9027-17
2018 LHC 1465

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