1. Matters referred to a Constitution Bench under Article 145(3) of the Constitution. (Para 1 )
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1998 Supreme(SC) 1439
SUPREME COURT OF INDIA
M.M. Punchhi, CJI., K.T. Thomas, Syed Shah Mohammed Quadri, JJ.
State of Karnataka - Plaintiff
Versus
State of A.P. & Ors. - Defendants
O.S. No. 1 and 2 of 1997 and Cont. Pet. No. 312 of 1998.
Decided On : 21-07-1998
The court referred original suits to a Constitution Bench of five judges pursuant to Article 145(3) of the Constitution of India and granted time for filing a counter in a related contempt petition.
Headnote:(A) Constitution of India - Article 145(3) - Reference to Constitution Bench - Matters listed before a Constitution Bench of five judges. (Para 1)
Facts of the case:
Original suits and a contempt petition were filed by one state against another state and others.
Findings of Court:
The court directed that the original suits be listed before a Constitution Bench of five judges. In the contempt petition, four weeks' time was granted for filing the counter.
Issues: Whether the original suits should be heard by a Constitution Bench in accordance with the Constitution.
Ratio Decidendi: In view of Article 145(3) of the Constitution, the matters were referred to be listed before a Constitution Bench of five judges.
Result: Matters listed before a Constitution Bench; time granted for filing counter.
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2. The court observed that the matters should be listed before a Constitution Bench of five judges pursuant to Article 145(3) of the Constitution. (Para 1 )
3. Article 145(3) of the Constitution provides for the listing of matters before a Constitution Bench of five judges. (Para 1 )
4. Matters referred to a Constitution Bench of five judges and four weeks granted for filing the counter. (Para 1 , 2 )
5. Under what provision are matters listed before a Constitution Bench of five judges?
Matters are listed before a Constitution Bench of five judges in view of Article 145(3) of the Constitution. (Para 1 )
ORDER :
O.S. No. 1 and 2 of 1997
In view of Article 145(3) of the Constitution, let these matters be listed before a Constitution Bench of five Hon'ble Judges. Con. Pet. No. 312/98
Cont. Pet. No. 312 of 1998
2. Four weeks' time is granted for filing the counter. List thereafter.
