LILAWATI AGARWAL Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) A two-Judge Bench of this Court in Lilawati Agarwal (Dead) By Lrs. and Others vs. State of Jharkhand, 2008 15 SCC 464 after referring to the paragraphs 31 and 34 of the pronouncement in Union of India and Another vs. Raghubir Singh (Dead) By Lrs. Etc., 1989 2 SCC 754 , expressed doubt with regard to the correctness of the decision in K.S. Paripoornan (II) vs. State of Kerala and Others, 1995 1 SCC 367 and eventually expressed thus:-

(2.) As we perceive, it is necessary to express an opinion whether the correctness of the decision in K.S. Paripoornan (II) deserves to be considered by a Constitution Bench as the pronouncement in the said case is binding on us.

(3.) To appreciate the controversy, we think it appropriate to reproduce paragraphs 30, 31 and 34 from Raghubir Singh :-