DR. SHAH FAESAL AND ORS. versus UNION OF INDIA AND ANR.

DR. SHAH FAESAL AND ORS. versus UNION OF INDIA AND ANR.

There is no conflict between Prem Nath Kaul and Sampat Prakash when each is read in its factual and contextual setting; Sampat Prakash is not per incuriam; the preliminary request to refer these matters to a larger Bench is rejected and the petitions are disposed of without deciding merits; the rule of per incuriam applies only to ratio and coordinate Bench decisions are binding on subsequent Benches of equal or lesser strength.

Parties
Petitioner: Dr. Shah Faesal and Ors.; Respondent: Union of India; Respondent: Anr.
Jurisdiction
India
Judgment Date
02 March 2020
Procedural Posture
Writ Petition (civil) / Preliminary Issue on Reference to a Larger Bench (no Merits Considered)
Outcome
Reference to a larger Bench refused; petitions disposed of (no decision on merits)
Legal Topics
Article 370, Reference to Larger Bench, Per Incuriam, Ratio Decidendi Vs Obiter Dictum, Stare Decisis
Constitutional Law Practice and Procedure Judicial Precedent Article 370 Reference to Larger Bench Per Incuriam Ratio Decidendi Vs Obiter Dictum Stare Decisis

Case Brief

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Parties

Dr. Shah Faesal and Ors.

Petitioner

Union of India

Respondent

Anr.

Respondent

Procedural Posture

Writ Petition (civil) / Preliminary Issue on Reference to a Larger Bench (no Merits Considered)

Legal Issues

  1. 1 When can a matter be referred to a larger Bench?
  2. 2 Whether there is a requirement to refer the present matter to a larger Bench in view of alleged contradictory views in Prem Nath Kaul and Sampat Prakash
  3. 3 Whether Sampat Prakash is per incuriam for not taking into consideration Prem Nath Kaul

Ratio Decidendi

There is no conflict between Prem Nath Kaul and Sampat Prakash when each is read in its factual and contextual setting; Sampat Prakash is not per incuriam; the preliminary request to refer these matters to a larger Bench is rejected and the petitions are disposed of without deciding merits; the rule of per incuriam applies only to ratio and coordinate Bench decisions are binding on subsequent Benches of equal or lesser strength.

Court Disposition

Reference to a larger Bench refused; petitions disposed of (no decision on merits)

Orders

  • Reference to a larger Bench refused
  • Petitions disposed of