Supreme Court Of India
IQBAL SINGH MARWAH
Versus
MEENAKSHI MARWAH
Decided on July 22, 2004
Criminal Procedure Code, 1973 Sections 195(1)(b)(ii)- Cognizance of offence by court- Conflict of judgments in Surjit Singh v. Balbir Singh, 1996(3) SCC 533 and Sachida Nand Singh v. State of Bihar, 1998(2) SCC 493 - Referred to Constitution Bench- Group of matters raising common/connected questions of law for hearing by Constitution Bench- Orders passed accordingly[Paras 1 and 2]
( 1 ) IT is pointed out at the Bar that the order of reference dated 8-2-2001 made by the three-Judge Bench, in fact, seeks to resolve conflict between surjit Singh v. Balbir Singh and Sachida Nand Singh v. State of Bihar both three-Judge Bench decisions, and the later decision not taking note of the earlier decision.
( 2 ) THIS is a group of matters raising common/connected questions of law for hearing by the Constitution Bench. The parties are represented by a number of different counsel.
( 3 ) TO expedite the hearing and decision, the following directions are made:
( 4 ) ALL the counsel for parties having common interest should hold a conference and prepare a common synopsis of submissions stating: (1) brief relevant facts; (2) points arising for decision; (3) pleas sought to be urged; and (4) list of authorities relied on (in support of each of the pleas ). (Reference to specific paragraphs be mentioned.) such synopsis shall be filed within three weeks under copy to each of the counsel opposite.
( 5 ) WE request the learned counsel for each set of parties to decide as amongst themselves who will lead in making submissions. In the event of more than one submissions, the same may be divided between different counsel. In any case, repetition of submissions has to be avoided.
( 6 ) AT the end of hearing, the Court may permit filing of detailed note of submissions, if necessary.
( 7 ) COURT Masters
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