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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
Important Points
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.
Subject
Procedural Law - Judicial Reference
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.
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.
Legal Category Hierarchy
-
practice and procedure
- referral to larger bench
Advocate Appeared:
For the Petitioners:Mukul Rohatgi,Sr. Advocate, Nikhil Goel, Sanjay Kumar Yadav, Ankit Goel, Rahul Pandey, Advocates.
For the Respondents:Mohan Parasaran, SG, Ritin Rai, D.L. Chidananda, Rohit Sharma, Ms. Rashmi Malhotra, Ms. Sushma Suri, Ashok Panigrahi, Surajit Bhaduri,Advocates.
For the Petitioners:Mukul Rohatgi,Sr. Advocate, Nikhil Goel, Sanjay Kumar Yadav, Ankit Goel, Rahul Pandey, Advocates.
For the Respondents:Mohan Parasaran, SG, Ritin Rai, D.L. Chidananda, Rohit Sharma, Ms. Rashmi Malhotra, Ms. Sushma Suri, Ashok Panigrahi, Surajit Bhaduri,Advocates.
Judgment :
Mr. Mukul Rohtagi, learned senior counsel, referred to the order reported in (2012) 6 SCC 102 and submitted that in the light of the order passed by a three-Judge Bench, this matter should have been referred to a Larger Bench.
In view of the order passed by this Court, we, feel it appropriate that this matter be referred to a Larger Bench.
Ordered accordingly.
The Registry is directed to place the matter before Hon'ble the Chief Justice of India for listing the matter before the appropriate Bench.
