AIR 1980 KARNATAKA 92 ::ILR (1979) 2 Kant 1401

Karnataka High Court

Hon'ble Judge(s): D. M. Chandrashekar , C.J. AND E. S. Venkataramiah, K. Jagannatha Shetty, M. K. Srinivasa Iyengar, N. D. Venkatesh , JJJ

(A) Precedents - Two conflicting decisions of Supreme Court - One given by larger Bench should be followed.(1974) 1 Kant LJ 344 (FB), Overruled. Constitution of India , Art.141— Per Full Bench If two decisions of the Supreme Court on a question of law cannot be reconciled and one of them is @page-Kant93 by a larger Bench while the other is by a smaller Bench, the decision of the larger Bench, whether it is earlier or later in point of time, should be followed by High Courts and other Courts. (B) Precedents - Two conflicting decisions of Supreme Court - Benches delivering them consisting of equal number of Judges - Practice to be followed. Constitution of India , Art.141— Per majority (Jagannatha Shetty and Venkatesh, JJ. Contra) - If two decisions of the Supreme Court on a question of law cannot be reconciled and if both Benches of the Supreme Court consist of equal number of Judges, the later of the two decisions should be followed by High Courts and other Courts.(Para 5 12) .....