RAMCHANDRA GOVIND DONGRE vs INDIAN HUME PIPE CO. LTD.

Headnote:

LEAVE - Constitutional Provision Interpretation - The court granted leave for consideration by a larger Bench on the interpretation of constitutional provision article 226 of the Constitution.

Fact of the Case:

The appellant cited a decision of the Court and specific reliance on a passage for consideration by a larger Bench, especially on the interpretation of a constitutional provision article 226 of the Constitution.

Finding of the Court:

The Court granted leave for consideration by a larger Bench on the interpretation of constitutional provision article 226 of the Constitution.

Issues: Interpretation of constitutional provision article 226 of the Constitution.

Ratio Decidendi: The view expressed in the passage cited by the appellant requires consideration by a larger Bench, especially as it involves the interpretation of a constitutional provision article 226 of the Constitution.

Final Decision: The papers were directed to be placed before the Honble the Chief Justice of India for appropriate orders.

Legal Category Hierarchy

1. Appellant's reliance on a prior judgment concerning the interpretation of Article 226 of the Constitution. (Para 1 )

2. Reliance placed on a specific passage of a previous decision to support the appellant's case. (Para 1 )

3. The interpretation of Article 226 of the Constitution in the cited passage requires consideration by a larger Bench. (Para 1 )

4. Constitutional interpretations requiring reconsideration should be referred to a larger Bench for determination. (Para 1 )

5. Leave granted and papers referred to the Chief Justice of India for appropriate orders. (Para 1 )

6. Under what circumstances does the court refer a matter to a larger Bench?

The court refers a matter to a larger Bench when a view expressed in a previous decision involves the interpretation of a constitutional provision, such as Article 226 of the Constitution, and requires further consideration. (Para 1 )

( 1 ) LEAVE granted. arned counsel for the appellant has inter alia, cited a decision of this Court in U. P. State Coop. Land Development Bank Ltd. v. Chandra Bhan Dubey and the passage at p. 758 on which specific reliance is placed is quoted in our order dated 9-8-1999. In our opinion, the view expressed in the said passage requires consideration by a larger Bench especially as it involves the interpretation of a constitutional provision article 226 of the Constitution. We, therefore, direct that the papers be placed before the Honble the Chief Justice of India for appropriate orders.

Click Here to Read the rest of this document