62. Mrinal Kanti Sil (supra) having found that its view
ran counter to the ratio of Co-ordinate Bench in another
matter, referred the issue of law for decision by a Larger
Bench.
62. Mrinal Kanti Sil (supra) having found that its view
ran counter to the ratio of Co-ordinate Bench in another
matter, referred the issue of law for decision by a Larger
Bench.
62. Mrinal Kanti Sil (supra) having found that its view
ran counter to the ratio of Co-ordinate Bench in another
matter, referred the issue of law for decision by a Larger
Bench.
62. Mrinal Kanti Sil (supra) having found that its view
ran counter to the ratio of Co-ordinate Bench in another
matter, referred the issue of law for decision by a Larger
Bench.
1. The present reference arises out of a judgment and order dated
March 14, 2017 passed in CRR No. 3048 of 2016 arising out of
CRMSPL No 3 of 2016 [Mrinal Kanti Sil vs. Smt. Sampa Kabiraj]
with CRR 3049 of 2016 arising out of CRMSPL No. 29 of 2015
[Babulal Murmu vs. Singharay Murmu & Ors.] with CRMSPL No. 101
of 2016 with CRAN No. 3895 of 2016 [Ms. MK. Products vs. M/s.
Blue Ocean Exports Pvt. Ltd. & Ors.] with CRR 3433 of 2016
3 2025:CHC-AS:1578-DB
Azimuddin Mia @ Azimuddin vs. Asraf Hossain] with CRR 3108 of
2016 [Sankar Sarkar vs. Smt. Subharaj].
1. The present reference arises out of a judgment and order dated
March 14, 2017 passed in CRR No. 3048 of 2016 arising out of
CRMSPL No 3 of 2016 [Mrinal Kanti Sil vs. Smt. Sampa Kabiraj]
with CRR 3049 of 2016 arising out of CRMSPL No. 29 of 2015
[Babulal Murmu vs. Singharay Murmu & Ors.] with CRMSPL No. 101
of 2016 with CRAN No. 3895 of 2016 [Ms. MK. Products vs. M/s.
Blue Ocean Exports Pvt. Ltd. & Ors.] with CRR 3433 of 2016
3 2025:CHC-AS:1578-DB
Azimuddin Mia @ Azimuddin vs. Asraf Hossain] with CRR 3108 of
2016 [Sankar Sarkar vs. Smt. Subharaj].
Learned counsel for the petitioners has relied upon a
judgment of this court passed in CRR 3048 of 2016 - Mrinal
Kanti Sil Vs. Smt. Sampa Kabiraj, wherein the court referred
the matter to be placed before a larger Bench to decide the
following questions:
Learned counsel for the petitioners has relied upon a
judgment of this court passed in CRR 3048 of 2016 - Mrinal
Kanti Sil Vs. Smt. Sampa Kabiraj, wherein the court referred
the matter to be placed before a larger Bench to decide the
following questions:
When our own Hon'ble High Court has
given the decision on this issue, the contrary judgment of Hon'ble Calcutta High
Court in the case of Mrinal Kanti (supra) cannot considered. This Court is bound
by the law laid down by our own Hon'ble High Court.