The Supreme Court emphasized the importance of clearly stating whether its judgments are binding precedents under Article 141 of the Constitution or limited to resolving specific disputes under Article 136.
A bench of Justices PS Narasimha and Pankaj Mithal highlighted challenges faced by High Courts and trial courts in distinguishing between decision-making and precedent-setting judgments. The Court urged specifying intent in judgments to prevent misinterpretation.
The observation arose in a case referring the issue of unregistered MSMEs accessing dispute resolution under Section 18 of the MSMED Act, 2006, to a larger bench, underscoring the need for clarity.
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