( 51 ) UNFORTUNATELY this advice does not come handy to us in this difference of opinion with which we are faced. The Management of Advance Insurance Co. Ltd. (supra) is a decision of five judges. It was decided on March 4, 1970. Hidayatullah CJ spoke for the Court. One view was taken in that case. S. K. Sing's case (supra) is again a decision of five judges pronounced on September 14, 1970. In that case Sikri J. , Bhargava J. , and Mitter J. gave their separate opinions. No other judge adverted to this aspect of the matter except Bhargava J. He took a different view.

( 52 ) WE arc certainly bound by the decisions of the Supreme Court as Article 141 of the Constitution of India says:"the law declared by the Supreme Court shall be binding on all Courts within the territory of India. "the question is: What is the law declared by the Supreme Court? Is it the opinion of Hidayatullah CJ or is it the opinion of Bhargava J? Both these decisions, it appears to us, take opposing and contradictory views and it is not possible to reconcile the observations in these two decisions. In these circumstances we think we are at liberty to consider which of the two views is supported by the provision

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