AI Overview...
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Judgment Hierarchy and Prevailing Opinion
The prevailing judgment in a case is generally determined by the majority opinion of the Judges hearing the matter. When a case is heard by a Bench of two Judges, the majority opinion (i.e., the decision of both judges if they agree) prevails. In the case of a three-Judge Bench, the opinion of the majority (at least two judges) is binding. The third Judge's dissent or separate opinion does not alter the majority decision unless the case is referred to a larger Bench for reconsideration Nagen Das @ Balai Das VS State of Assam - Crimes, SAJJAN SINGH VS STATE OF M. P. - Madhya Pradesh, Nagen Das VS State of Assam - Gauhati, Sajjan Singh: Dule Singh VS Stale Of M. P. - Supreme Court, Sajjan Singh etc. VS State of Madhya Pradesh - Crimes. -
Role of the Third Judge in a Three-Judge Bench
The third Judge in a three-Judge Bench is not bound by the opinions of the other two Judges if there is no unanimity. The third Judge can form an independent opinion and is not necessarily compelled to follow the majority. If the third Judge's view prevails, it becomes the decision of the Bench, but this can sometimes lead to anomalous or conflicting outcomes SAJJAN SINGH VS STATE OF M. P. - Madhya Pradesh, Nagen Das VS State of Assam - Gauhati, Sajjan Singh: Dule Singh VS Stale Of M. P. - Supreme Court, Sajjan Singh etc. VS State of Madhya Pradesh - Crimes. -
Reference to Larger Benches
When there is a divergence of opinion or a need for authoritative clarification, the case can be referred to a larger Bench (e.g., a Full Bench or a larger Division Bench). The third Judge may refer the case to a larger Bench for a definitive ruling, especially if their opinion differs significantly from the division Nagen Das @ Balai Das VS State of Assam - Crimes, Nagen Das VS State of Assam - Gauhati. -
Decision of the Majority as the Final Judgment
The legal principle remains that the majority opinion among the Judges constitutes the judgment of the Bench. This majority rule applies irrespective of whether the Bench is composed of two or three Judges. The judgment is based on the majority view, and dissenting opinions do not carry the force of the decision unless the case is referred for reconsideration D. Rudrappa VS Special Deputy Commissioner Bangalore - Karnataka, SAJJAN SINGH VS STATE OF M. P. - Madhya Pradesh. -
Additional Notes on Court Procedure
The proceedings under specific statutes (e.g., Section 5 of the Act) are not adversarial and are guided by statutory conditions that have overriding effect. The composition of Benches and the manner in which judgments are delivered are governed by statutory rules and judicial conventions D. Rudrappa VS Special Deputy Commissioner Bangalore - Karnataka, Shivadeviamma VS Sumanaji - Karnataka.
Analysis and Conclusion
The key takeaway is that in judicial decision-making, the judgment of a Bench is determined by the majority opinion of the Judges hearing the case. In a two-Judge Bench, the decision of both Judges (if they agree) prevails. In a three-Judge Bench, the majority (at least two Judges) determines the outcome, and the third Judge's independent opinion can potentially lead to a different ruling if it prevails or if the case is referred to a larger Bench. The third Judge is not bound by the opinions of the other Judges and has the authority to form an independent judgment, but the final binding judgment is that of the majority Nagen Das @ Balai Das VS State of Assam - Crimes, SAJJAN SINGH VS STATE OF M. P. - Madhya Pradesh, Sajjan Singh: Dule Singh VS Stale Of M. P. - Supreme Court.
References:
- Nagen Das @ Balai Das VS State of Assam - Crimes
- SAJJAN SINGH VS STATE OF M. P. - Madhya Pradesh
- Nagen Das VS State of Assam - Gauhati
- Sajjan Singh: Dule Singh VS Stale Of M. P. - Supreme Court
- D. Rudrappa VS Special Deputy Commissioner Bangalore - Karnataka
- Shivadeviamma VS Sumanaji - Karnataka
Search Results for "Judgement of 3 Judges Bench is Prevail then the 2 Judges"
2011 0 Supreme(Kar) 75 • India - Karnataka
D.V.SHYLENDRA KUMAR
In the first instance, proceedings under Section 5 of the Act are not in the nature of an adversary proceeding; Lawyers and judges immersed in the practice and procedure before civil court guided by Code of Civil Procedure (CPC) and conversant with judgment and orders by courts in the context of CPC, ... In none of these judgments or orders, the provisions of Section 5 as it prevail in the statute book have been examined. ... Conditions statutorily always have an overriding effect and these conditions must prevail. In a ....
• India - Crimes
J.N.SHARMA, D.N.CHOUDHARY, S.BARMAN ROY
, if so requires the Appeal shall be heard by a larger Bench of Judges. ... It will however be open to the third Judge to refer the case to a larger Bench of Judges. ... by two Judges of Division Bench in Criminal Appeal - Whether further reference to a larger Bench-is competent No. ... In such cases, the third Judge's view would be really a minority view, and yet would prevail. ... If the opinion of the third #HL_....
1998 0 Supreme(MP) 672 • India - Madhya Pradesh
D.P.WADHWA, M.K.MUKHERJEE
Whether the third judge was bound by the opinions of the two judges comprising the Division Bench where there was no difference of ... The third judge is not bound by the opinions of the two judges comprising the Division Bench where there is no difference of opinion ... 2. ... As a matter of fact third Judge is not bound by any such opinion of the Division Bench. He is not hearing the matter as if he is sitting in a three-#HL_START....
2009 0 Supreme(All) 2841 • India - Allahabad
ARUN TANDON
Pay scale—Petitioners, Personal Assistants to Hon'ble Judges filing petition seeking direction to respondents to ensure payment of ... 23.12.1997—Therefore, respondents directed to re-fix salary of petitioners and other similarly situated P.As. attached to Hon'ble Judges ... to the Hon’ble Judges be fixed at Rs. 5500-9000. ... The writ petition was allowed by a Division Bench of this Court vide judgment and order dated 21.12.1993 and it was provided that the salary of the Private Secretaries shall be fi....
1997 0 Supreme(Gau) 105 • India - Gauhati
D.N.CHOWDHURY, S.BARMAN ROY
It will however be open to the third Judge to refer the case to a larger Bench of Judges. ... The third Judge is equally entitled otherwise to deal with the whole case and the judgment and order of the Division Bench is to ... either of the views expressed by the two Judges of the Division Bench in a criminal appeal. ... If the opinion of the third judge is to prevail, an anomalous position may occasionally be crea....
2011 7 Supreme 468 • India - Supreme Court
H.L.GOKHALE, R.V.RAVEENDRAN
to be placed before some other bench as there is no alternative- But when the Judges or at least one of them, who rendered the judgment ... not sitting at Dharwad- The review petition was filed on 2.3.2009 and for more than six months, original Bench either did not sit ... least by a bench consisting of the other Judge- It is only where both Judges are not available applications for review would have ... As the Rules under section 1....
2002 0 Supreme(Pat) 222 • India - Patna
NAGENDRA RAI, R.S.GARG
Judges and the third Judge. ... The prosecution failed to prove its case against the appellants, leading to a difference of opinion among the judges. ... Code - Conviction under Section 302 read with Section 34 - Section 302/34 - Section 392 of the Code of Criminal Procedure - The judgment ... As a matter of fact that Judge is not bound by any such opinion of the Division Bench. He is not hearing the matter as if he is sitting in a three-Judge Bench ....
1998 7 Supreme 178 • India - Supreme Court
D.P.WADHWA, M.K.MUKHERJEE
He is not hearing the matter as if he is sitting in a three Judge Bench where the opinion of majority would prevail. ... part of the two opinions of the two Judges comprising the Division Bench where there is no difference. ... It is the third Judge whose opinion matters; against the judgment that follows therefrom that an appeal lies to this Court by way ... As a matter of fact third Judge is not bound by any such opinion of the Division B....
1998 7 Supreme 178 • India - Crimes
M.K.MUKHERJEE, D.P.WADHWA
He is not hearing the matter as if he is sitting in a three Judge Bench where the opinion of majority would prevail. ... part of the two opinions of the two Judges comprising the Division Bench where there is no difference. ... It is the third Judge whose opinion matters; against the judgment that follows therefrom that an appeal lies to this Court by way ... As a matter of fact third Judge is not bound by any such opinion of the Division B....
1972 0 Supreme(Kar) 266 • India - Karnataka
G.K.GOVINDA BHAT, E.S.VENKATARAMAIAH, H.B.DATAR
a Bench of two Judges and by a Full Bench. ... The decision of the majority of Judges comprising a Full Bench of the High Court shall be the decision of the High Court. ... The Act provides for the constitution of Benches and classification of matters that may be heard and determined by one Judge, by ... It inter alia, provides for constitution of Benches and classification of matters that may be heard and determined by one Judge, by a Bench of two #....
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