2013 Supreme(SC) 288

Supreme Court of India
K.S.P. RADHAKRISHNAN & DIPAK MISRA, JJ.
Pramati Educational & Cultural Trust & Others
Versus
Union of India & Another
Writ Petition (Civil) No. 416 of 2012
Decided On : 22-03-2013

The court may refer a matter to a larger bench if a previous order passed by a three-judge bench indicates that such a referral is necessary for the proper adjudication of the case.

Headnote:(A) Judicial Procedure - Reference to Larger Bench - Order passed by a three-judge bench - Suitability of referring the matter to a Larger Bench - In view of an order passed by a three-judge bench, the court felt it appropriate that the matter be referred to a Larger Bench.

Facts of the case:
A submission was made that in light of an order passed by a three-judge bench, the current matter should be referred to a Larger Bench.

Findings of Court:
The court ordered the Registry to place the matter before the administrative head of the court for listing before the appropriate Bench.

Issues: Whether the matter should be referred to a Larger Bench in light of a previous order passed by a three-judge bench.

Ratio Decidendi: The court determined that a referral to a larger bench was appropriate given the precedent of a previous order passed by a three-judge bench.

Result: Matter referred to a Larger Bench.