SHIVADEVIAMMA Vs. SUMANAJI

JUDGEMENT

(1.) Under Section 7 of the Mysore High Court Act, 1961 (hereinafter called 'the Act') a Bench consisting of Honniah and Venkataramiah, JJ., by order dated November 3. 1970. referred to a Full Bench the following questions of law:-

(2.) On the questions referred, there is a decision of a Division Bench of this Court of which I was a member. The said decision, Amba Shedthi v. Paddakke Shedthi reported in (1969) 2 Mys LJ 377. decided on 12th September 1968 was brought to the notice of the Bench consisting of Honniah and Venkataramiah, JJ. and was noticed by them. But they referred the questions of law concluded by the decision of an earlier Division Bench on the grounds which may be stated in their own words?

(3.) The Division Bench is the final Court of appeal in an Indian High Court, unless the case is referred to a Full Bench, and one Division Bench should regard itself bound by the decision of another Division Bench on a question of law. If the Division Bench does not accept as correct the decision on a question of law of an earlier Division Bench, the only right and proper course to adopt is to refer the matter to a Full Bench, for which Section 7 (1) provides. It is the uniform practice in all the High Courts in India that when one Division Bench differs from an earlier view on a question of law of another Division Bench, a reference is made to a larger Bench.