Resolution of conflicting judgments by referring the matter to a higher bench

Headnote:
Conflict of Judgments - Resolution by Three-Judge Bench - The court resolved a conflict between two judgments by referring the matter to a three-Judge bench.
Fact of the Case:

The court was presented with a conflict between two judgments, and it was necessary to resolve the conflict.
Finding of the Court:

The court decided to refer the matter to a three-Judge bench for resolution.
Issues: Conflict between two judgments, need for resolution
Ratio Decidendi: The need to resolve conflicting judgments by referring the matter to a three-Judge bench
Final Decision: The matter was referred to a three-Judge bench for resolution

( 1 ) DURING the hearing of this petition our attention was invited by learned counsel for the petitioners to the judgment in State of Punjab v. 0m a Parkash Kaushal decided by a two-Judge bench of this court on 8/7/1996. Learned counsel for the respondents, on the other hand, invited our attention to the judgment in State of Haryana v. Rajpal Sharma decided by a two Judge bench on 25/7/1996. In the later judgment, the earlier judgment of 8/7/1996 has not been noticed and the views taken in both the judgments run counter to each other. It is, therefore, necessary to resolve the conflict.

( 2 ) LET the matter be placed before a three-Judge bench.-

COURT Masters

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