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November 2014

Precedent – Reference to Full Bench – Cannot be made inview of larger Number of cases filed in subject matter. [Constitution of India Article 225.]

By Dr . K. Shivaram Senior Advocate; Ajay R. Singh Advocate
Reading Time 1 mins
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Kalpana Rani vs. The State of Bihar AIR 2014 Patna 173 (FB)

The
reference had been made keeping in view the large number of cases filed
in the subject matter and not because the Bench did not agree with the
view expressed in the matter of Smt. Renu Kumari Pandey [(2011) (4) PLJR
297]. In the opinion of the Court, unless the latter Bench, for cogent
reasons, disagrees with the earlier view taken by the collateral Bench,
the question of referring the matter to a larger Bench shall not arise.
Reference can be had to the judgment of the Full Bench of this Court in
the matter of Akhauri Krishna Kumar Sinha and Ors. vs. Mundrika Prasad
[MANU/BH/0108/1985 : 1986 PLJR 1119]. Nevertheless, as the Appeal has
come up for hearing before this Bench, the Appeal is heard and is
decided on merits.

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