AIR 1955 HYDERABAD 69

Hyderabad High Court

Hon'ble Judge(s): S. R. Palnitkar, Siadat Ali Khan, A. Srinivasa Chari, Jagan Mohan Reddy , JJJ

(A) Hyderabad High Court Act (3 of 1337 F) , S.10(2)— Reference by single Judge to Full Bench. The amendment of sub-s. (2) of S.10 made in 1344F clearly gives a right to each Judge of the Full Bench, notwithstanding anything contained in Sub-s. (1) relating to a unanimous or majority decision of the Full Bench, to referany question of general importance relating to usage, custom or law to a larger Bench. The non-obstante clause of the amendment, makes it clear beyond reasonable doubt that the intention of the legislature was to make an exception to the general rule that the decisions of the Full Bench were to be unanimous or by a majority. The provision in the latter part of sub-s. (2) of S.10 relating to the determination by the larger Bench of the questions referred to it by the Full Bench should be construed as the question or questions referred by even a single Judge of a Full Bench which question or questions will be deemed to have been referred by the Full Bench notwithstanding the fact that the other two Judges did not specifically refer any question to it. Hence the decision in - 'Imam Saheb v. Gundappa', Case No.12-A/5 of 1355F D/-26th Bahman 1359F (Hyd). in Case No.12-A/5/- 1355F., cannot be regarded as an operative and binding judgment in the face of the order of reference by one of the Judges to a Fuller Bench under S.10 (2) of the High Court Act....