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2005 Supreme(SC) 1649
SUPREME COURT OF INDIA
Ashok Bhan, A.K. Mathur, JJ.
Saroop Singh - Appellant
Versus
Banto and others - Respondents
Civil Appeal No. 4426 of 1999
Decided On : 01-03-2005
For the Appellant :P.C. Jain, Senior Advocate (Balbir Singh Gupta, Advocate)
For the Respondent:- P.N. Mishra, Senior Advocate (K.P. Singh, C.M. Patel, M.M. Kashyap and K.S. Rana, Advocates)
Reference of conflicting legal points to a three-Judge Bench for resolution
Headnote:
Reference - Similar Point Referred to Three-Judge Bench
Fact of the Case:
The appeal involves a point similar to the one referred to a three-Judge Bench in another case due to conflicting views taken by the Court in previous cases.
Finding of the Court:
The Court decided to list the appeal after the decision by a three-Judge Bench in the other case and allowed the parties to make an application for rendering assistance on the referred point.
Issues: Conflicting views on a legal point, reference to a three-Judge Bench, listing of the appeal
Ratio Decidendi: The Court decided to refer a similar point to a three-Judge Bench due to conflicting views in previous cases and allowed the parties to seek assistance on the referred point.
Final Decision: The appeal will be listed after the decision by a three-Judge Bench in the other case, and the parties are allowed to make an application for rendering assistance on the referred point.
ORDER :
1. One of the points involved in this appeal is similar to the point which has been referred to a three-Judge Bench in Shakuntla Devi v. Kamla, dated 27-10-2004 now reported at (2005) 5 SCC 400 in view of the seemingly conflicting views taken by this Court in Teg Singh v. Charan Singh, (1977) 2 SCC 732, Kesar Singh v. Sadhu, (1996) 7 SCC 711 and Balwant Singh v. Daulat Singh, (1997) 7 SCC 137.
2. The appeal be listed after the decision by a three-Judge Bench in Shakuntla Devi case1. However, the parties shall be at liberty to make an application before the three-Judge Bench hearing the case for rendering assistance on the point referred.
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