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1 - 10 of 25 (0.44 seconds)State Of Tripura vs Tripura Bar Association And Ors. on 16 April, 1998
(v) In Rajasthan Public Service Commission and Ors.
v. Harish Kumar Purohit and Ors. [(2003) 5 SCC 480],
the Hon'ble Supreme Court after considering a three-
Judge Bench decision in State of Tripura v. Tripura Bar
Association and Ors. (AIR 1999 SC 1494), held thus:
Mukund Lal Bhandari And Ors vs Union Of India And Ors on 14 May, 1993
"Learned Additional Solicitor General appearing
on behalf of the Union of India relied upon two
decisions of this Court viz., Mukund Lal
Bhandari v. Union of India [1990 CriLJ 2148]
and Union of India v. Mohan Singh (cited
supra) to the effect that pension could be
sanctioned only as per proof as required in the
Pension Scheme and in no other manner. We
think there is great force in the submission made
by the learned Additional Solicitor General. We
find that the High Court could not have travelled
beyond the Pension Scheme to find that there
was substantial compliance with the
prerequisites as to suffering of imprisonment. In
order to get the benefit of the Pension Scheme,
the proof required must be as provided in the
Pension Scheme itself. As long as such proof was
not available, the benefit could not have been
granted. Therefore, we set aside the order by the
High Court and dismiss the writ petition filed by
Respondent 1. The appeal is allowed
accordingly."
Union Of India vs Subhadra on 30 June, 2015
20. That apart, decision of a Hon'ble Division Bench of this
Court in Union of India v. Subhadra and Others reported in
2016 (2) KLT 1, is also binding on us, in the light of the following
decisions:
Farookh Mohammad vs The State Of Madhya Pradesh on 15 September, 2015
(v) Single Judge is bound by the opinion of the Division Bench.
Merely because some other view may also be possible, cannot be the
basis to question settled legal position. Such an approach is not only
counterproductive but also against the public policy. [See : Farooq
Mohammad v. State of M.P., [AIR 2016 MP 10 (FB)].
Eknath Shankarrao Mukkawar vs State Of Maharashtra on 12 April, 1977
"25. Our attention is drawn to a disquieting feature
in the procedure adopted by the learned single
Judge (G. N. Vaidya, J.) in disposing of the appeal.
The learned Judge ignored the decision of another
single Judge of the same Court (J. M. Gandhi, J.) who
had earlier held in a similar case that the appeal by
the State was not competent under Section 377(1)
Cr.P.C. It is true that the decision is pending before
this Court in appeal by special leave. That, however,
cannot be sufficient reason for the learned Judge to
ignore it and observe that it is "unnecessary to keep
back this matter till the Supreme Court decides the
matter". When there was a decision of a co-ordinate
court, it was open to the learned Judge to differ
from it but in that case the only judicial alternative
was to refer it to a larger bench and not to dispose
of the appeal by taking a contrary view. Judicial
discipline as well as decorum should suggest that as
the only course. "
S.I. Rooplal And Anr vs Lt. Governor Through Chief Secretary ... on 14 December, 1999
"12. At the outset, we must express our serious
dissatisfaction in regard to the manner in which a
coordinate Bench of the tribunal has overruled, in
effect, an earlier judgment of another coordinate
Bench of the same tribunal. This is opposed to all
principles of judicial discipline. If at all, the
subsequent Bench of the tribunal was of the opinion
that the earlier view taken by the coordinate Bench
of the same tribunal was incorrect, it ought to have
referred the matter to a larger Bench so that the
difference of opinion between the two coordinate
Benches on the same point could have been
avoided. It is not as if the latter Bench was unaware
of the judgment of the earlier Bench but knowingly
it proceeded to disagree with the said judgment
against all known rules of precedents. Precedents
which enunciate rules of law from the foundation of
W. A. No. 1663 of 2020 -23-
administration of justice under our system. This is a
fundamental principle which every Presiding Officer
of a Judicial Forum ought to know, for consistency in
interpretation of law alone can lead to public
confidence in our judicial system. This Court has
laid down time and again precedent law must be
followed by all concerned; deviation from the same
should be only on a procedure known to law. A
subordinate court is bounded by the enunciation of
law made by the superior courts. A coordinate
Bench of a Court cannot pronounce judgment
contrary to declaration of law made by another
Bench. It can only refer it to a larger Bench if it
disagrees with the earlier pronouncement.
Tribhuvandas Purshottamdas Thakur vs Ratilal Motilal Patel on 5 September, 1967
This Court in the case of Tribhuvandas
Purshottamdas Thakur v. Ratilal Motilal Patel
[AIR 1968 SC 372] while dealing with a case in
which a Judge of the High Court had failed to follow
the earlier judgment of a larger Bench of the same
court observed thus:
Shri Bhagwan And Anr vs Ram Chand And Anr on 1 March, 1965
Gajendragadkar, C.J.,
observed in Lala Shri Bhagwan and Another v. Shri
Ram Chand and Another (AIR 1965 SC 1767).
Lily Thomas, Etc. Etc. vs Union Of India & Ors. on 5 April, 2000
(iv) In Lily Thomas v. Union of India, reported in (2000)
6 SCC 244, the Hon'ble Supreme Court, reiterated the
principle that rulings of Larger Bench should be followed
and those of Coordinate Bench of equal strength not to be
different from and most be followed.