Difference in judgement text
(Querist) 25 July 2008
This query is : Resolved
Sir, today in our bar library,I came across a judgement dated 27/08/2007 of the Hon'ble Supreme Court in Appeal(Civil)No.3940 of 2007 arising out of SLP(C)No.11683 of 2006; the two judges differed on O41 R27 and referred the case to CJI for placing the same before a larger bench.It has been reported in 2008(1) CCC 784.
To see the view of larger bench, when I just now opened the SC website, I found two different judgements in above appeal by the same DB; and there is no mention of the difference of opinion. Kindly quench my curiosity.
(Expert) 25 July 2008
as far as my knowledge is concerned judges do generaly differ in DB and the majority wins. The judgment wne reported will have views of both nature and final operative part will read AS PER JUDGE which means his opinion was supported by majority and is final. Please correct me if i am wrong
(Expert) 26 July 2008
In case of DB, if the judges differ in views, they may pass their seperate judgments & the matter is referred to larger bench. Srinivas is right in his opinion.
(Expert) 29 July 2008
Though it is not quite common, but there are many instances where judges differ with one another while delivering judgements. If the bench consists of two members, since there is no majority, the case would be referred to larger bench. This kind of reference also happens when the matter already covered by another judgement on the same point of law by a coordinate bench of same strength, and the present bench is not concurring with the decision of the other bench.
This is called judicial discipline. According to which, a larger bench judgement is binding on lower strength bench. Finally what matters is strength of the bench.