Precedent : Conflicting judgments of Co-ordinate Benches : Court to consider judgment which in its opinion is better in point of law : Constitution of India, Art.141 :

    The petitioner was the widow of Gopaldas Kanhyalal Gujarati. The late Gopaldas Kanhyalal Gujarati had participated in the Indian Independence Movement and was receiving Freedom Fighter’s Pension from the Government of Maharashtra. He had applied for Freedom Fighter’s Pension from the Central Government. The same was rejected. A fresh application was submitted alongwith required documents. In the meantime, the husband of the petitioner expired. After that, the petitioner pursued the matter and submitted all required documents. In spite of receiving of the application, the Central Government has neither granted pension nor communicated anything to the petitioner. Under these circumstances, the present petition had been filed.

    The Hon’ble Court observed that on the issue there were conflicting decisions of Co-ordinate Benches of the Supreme Court. Under such circumstances it was open to the Court to consider the judgment which in its opinion is the better in point of law, irrespective of when the judgments were pronounced. The Supreme Court noted that the judgment in Surja & Ors vs. UOI, 1992 SC 777 was rendered on the peculiar facts of that case and then declared the position of law, that an applicant must have actually suffered a minimum imprisonment of six months less the remission period of one month. Therefore, it was not possible to take a view different than the view taken in the case of Surja (Supra) which was binding under Art. 141 of the Constitution.

    [Gulabbai w/o. Gopaldas Gujrati vs. Union of India & ors. Writ Petition No. 1299 of 2008 Dated 9/7/2008 AIR (2009) (NOC) 763 (Bom) (2008) (6) AIR Bom R 857]