Precedent - Law of Precedent

Reference to Larger Bench

Law of Precedent

In Siddharam Satlingappa Mhetre v. State of Maharashtra & Ors., AIR 2011 SC 312, the Supreme Court held that the judgment of a larger Bench is binding on a smaller Bench or co- equal Bench. If the court doubts the correctness of the judgment, the only proper course would be to make a request to the Hon’ble Chief Justice to refer the matter to a larger Bench of appropriate strength. In case the judgment is given in ignorance of the earlier judgment, doctrine of per incuriam is attracted. A similar view has been reiterated in Rattiram & Ors. v. State of M.P., (2012) 4 SCC 516; and Sudeep Kumar Bafna v. State of Maharashtra & Anr. AIR 2014 SC 1745.

In Nutan Kumar v. IInd ADJ, AIR 2002 SC 3456, the Supreme Court dealt with a case wherein a full Bench of the

High Court, while considering the case under the provisions of Indian Contract Act, 1872, made an observation that the authority was “perhaps in conflict with other decisions namely, Waman Sriniwas Kini v. Ratilal Bhagwandas & Co., AIR 1959 SC 689; Krishna Khanna v. ADM, Kanpur & Ors., AIR 1975 SC 1525; and Mannalal Khaitan v. Kedar Nath Khaitan, AIR 1977 SC 536. The Court held that one must ensure whether there was any conflict of decisions and if there is no conflict, judicial discipline and propriety required with the majority of the full Bench followed the appointing authority of the Supreme Court.

In State of Orissa v. Mohd. Illiyas (2006) 1 SCC 275, the court held that every decision contains three basic postulates: (i) findings of material facts, direct and inferential, (ii) statements of the principles of law, and (iii) judgement based on the combined effect of the above.

The Supreme Court has consistently held that in case of conflicting judgments of co-equal benches, it is desirable to refer the matter to a larger Bench. (State of MP v. Mala Banerjee, (2015) 7 SCC 698; Atma Ram v. State of Punjab, AIR 1959 SC 519; Zenith Steel Tubes and Industries Ltd. v. SICOM Ltd. (2008) 1 SCC 533).