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1995 Supreme(SC) 267

SUJATA V. MANOHAR, A. M. AHMADI, K. S. PARIPOORNAN, S. C. AGRAWAL, S. P. BHARUCHA
Buta Singh – Appellant
Versus
Union Of India – Respondent


ORDER

In Buta Singh v. Union of India a two-Judge Bench of this Court after noticing the decision in Bhag Singh v. Union Territory of Chandigarh and the subsequent decision of this Court in Scheduled Caste Coop. Land Owning Society Ltd. v. Union of India, observed that the decision rendered by another two-Judge Bench of this Court in Chand Kaur v. Union of India raised a conflict which was needed to be resolved by a Constitution Bench of this Court. That is how this Bench is required to consider whether there is any conflict at all, and if so, whether it was necessary to resolve the same. Having perused the decisions referred to above, including the decision rendered in the case of Mewa Ram v. State of Haryana, we are of the opinion that the decision rendered by a two-Judge Bench in the case of Chand Kaur had failed to notice the decisions rendered subsequent to the decision in the case of Bhag Singh, in particular the decision in the case of Scheduled Caste Coop. Land Owning Society Ltd. which explained the earlier two decisions. It is, therefore, obvious that the decision rendered in the case of Chand Kaur is per incuriam, inasmuch as, the attention of the Bench was not invited t

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