Back
1997 Supreme(SC) 521
SUPREME COURT OF INDIA
A.M Ahmadi, C.J.I., K S Paripoornan, S P Kurdukar, JJ.
SMT ANGOORI DEVI, APPELLANT;
VERSUS
STATE OF U.P. AND OTHERS, RESPONDENTS.
Civil Appeals No. 368 of 1985 with Nos. 2493, 1294-95 of 1985 and 15695 of 1996, decided on March 19, 1997.
The court referred specific legal issues arising from previous judgments to a larger five-judge bench for definitive resolution.
Headnote:(A) Reference to Larger Bench - Review of prior judgments - Certain areas in previous decisions require further consideration - Proper to place matters before a larger Bench of 5 judges to resolve the issues once for all.
Facts of the case:
The court examined previous decisions and a referring order. Upon review, it was determined that certain legal areas within those judgments needed further clarification and resolution.
Findings of Court:
The court found that the matters should be resolved by a larger bench to ensure a definitive ruling.
Issues: Whether the legal questions arising from the cited judgments should be referred to a larger bench for final resolution.
Ratio Decidendi: When previous judgments contain areas that require further consideration to be resolved definitively, the matter should be referred to a larger bench of judges.
Result: Matters placed before a larger Bench of 5 judges.
Legal Category Hierarchy
-
practice and procedure
- reference to larger bench
ORDER
Having read the decisions reported in State of U.P. v. L.J. Johnson [(1983) 4 SCC 110] (two-Judge Bench) and the decision reported in Meera Gupta v. State of W.B. [(1992) 2 SCC 494] and the referring order in Angoori Devi v. State of U.P. [(1997) 2 SCC 434 : JT (1997) 2 SC 88] we think that there are certain areas in these judgments which would require consideration and it would, therefore, be proper if the matters are placed before a larger Bench of 5 Honble Judges so that it is resolved once for all.
Court Masters
