REGENT COMPUTRONICS PVT. LTD.

BABU PREMARAJAN Appellant

V/S

SUPERINTENDENT OF POLICE, KASARAGODE Respondents

Referred Judgements :-

CRAWFORD V. SPOONER [REFERRED]
R. V. SUSSEX JUSTICES [REFERRED]
STATE OF KERALA V. SUDARSAN BABU [REFERRED]
DARSHAN SINGH BALWANT SINGH THE UNION OF INDIA INTERVENER VS. STATE OF PUNJAB [REFERRED]
GARIKAPATI VEERAYA VS. N SUBBIAH CHOUDHRY [REFERRED]
STATE OF MADRAS VS. CANNON DUNKERLEY AND CO MADRAS LIMITED [REFERRED]
MAHADEOLAL KANODIA VS. ADMINISTRATOR GENERAL OF WEST BENGAL [REFERRED]
JASWANT SUGAR MILLS LIMITED MEERUT VS. LAKSHMI CHAND [REFERRED]
RAMJI MISSAR VS. STATE OF BIHAR [REFERRED]
SALES TAX OFFICER CIRCLE 1 JABALPUR VS. HANUMAN PRASAD [REFERRED]
TRIBHOVANDAS PURSHOTTAMDAS THAKKAR VS. RATILAL MOTILAL PATEL [REFERRED]
SHANKAR KERBA JADHAV VS. STATE OF MAHARASHTRA [REFERRED]
MADHU LIMAYE VS. STATE OF MAHARASHTRA [REFERRED]
ORGANO CHEMICAL INDUSTRIES VS. UNION OF INDIA [REFERRED]
CHANDAVARKAR SITA RATNA RAO VS. ASHALATA S GURAM [REFERRED]
DELHI JUDICIAL SERVICE ASSOCIATION TIS HAZARI COURT VS. STATE OF GUJARAT [REFERRED]
ADMINISTRATOR MUNICIPAL CORPORATION BILASPUR VS. DATTATRAYA DAHANKAR ADVOCATE [REFERRED]
M V ELISABETH M V ELISABETH VS. HARWAN INVESTMENT AND TRADING PRIVATE LIMITED HANOEKAR HOUSE SWATONTAPETH VASCO DE GAMA GOA: HARWAN INVESTMENT AND TRADING CO [REFERRED]
NELSON MOTIS VS. UNION OF INDIA [REFERRED]
S NAGARAJ CHIKKA CHANNAIAH S RAMAIAH M SHANKARAIAH VS. STATE OF KARNATAKA [REFERRED]
U P AWAS EVAM VIKAS PARISHAD VS. CYAN DEVI [REFERRED]
SATNAM SINGH S K SINGAL VS. PUNJAB AND HARYANA HIGH COURT:HIGH COURT OF PUNJAB AND HARYANA CHANDIGARH [REFERRED]
STATE OF RAJASTHAN VS. PRAKASH CHAND [REFERRED]
THAMPANOOR RAVI VS. CHARUPARA RAVI [REFERRED]
PATHEJA BROS FORGINGS AND STAMPING VS. I C I C I LIMITED [REFERRED]
BALWANTRAI K SHUKLA VS. DALWADI DAHYA CHHAGAN [REFERRED]
Gudla Satyanarayana VS. State of Madras [REFERRED]
DEORAJIN DEBI VS. SATYADHYAN GHOSAL [REFERRED]
SHIVADEVIAMMA VS. SUMANAJI [REFERRED]
NIRMALA BIRLA VS. WEALTH TAX OFFICER [REFERRED]
STATE OF KERALA VS. ANNAM [REFERRED]
P K KUNJU VS. STATE OF KERALA [REFERRED]
MOHAMMAD HAJI VS. AYAMMA [REFERRED]
THEKKAYIL DAMODARAN VS. T SANKARAN [REFERRED]
STATE VS. K KRISHNANKUTTY [REFERRED]
BAR COUNCIL OF KERALA VS. THANKAPPAN PILLAI [REFERRED]
BAR COUNCIL OF KERALA VS. K C THANKAPPAN PILLAI [OVERRULED]
K SUKUMARAN VS. UNION OF INDIA [REFERRED]
PADMAKAR BALKRISHNA SAMANT VS. STATE OF MAHARASHTRA [REFERRED]
K S DAS VS. STATE OF KERALA [REFERRED]

JUDGEMENT

(1.) Heard all the learned counsel; Shri. T. G. Rajendran for the petitioner, Shri. M. K. Damodaran, Advocate General for the respondents, Shri P. Santhalingam, amicus curiae, Shri. Siby Mathew, Shri. V. Giri, Shri. Razaak, Shri K. V. Sohan and Shri. Jose as interveners.

(2.) This petition has been placed before this Special Bench pursuant to the order passed by the Chief Justice on a reference made by a Division Bench on 24th July, 2000 referring the matter to a Larger Bench. The need to refer the matter to a Larger Bench arose since all the learned counsel appearing before the Division Bench viz., Rajendran for the petitioner, Shri. Mohammed Yousef, Addl. Advocate General for the respondents and Shri. Santhalingam, Amicus Curiae, pointed out that there was a clear conflict between the view expressed by a Division Bench of two learned Judges in Bar Council of Kerala v. Thankappan Pillai ( 1985 KLT 738 ) and that expressed by a Larger Bench of five learned Judges in the same case - Bar Council of Kerala v. Thankappan Pillai ( 1985 KLT 769 ) on the question of interpretation of S.3 of the Kerala High Court Act, 1958 (for short, "Act"). It was pointed out to the Division Bench that all the counsel were in agreement with the view expressed by the Division Bench in 1985 KLT 738 and stated that the view expressed by the Larger Bench in 1985 KLT 769 required reconsideration.

(3.) Counsel appearing before the Division Bench made a further grievance that there was no consistent and uniform practice in regard to (a) stating the grounds on which a single Judge should refer the matter to a Division Bench under S.3 of the Act; and (b) framing and stating the question of law in the order of reference to a Division Bench.

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BABU PREMARAJAN Vs. SUPERINTENDENT OF POLICE KASARAGODE

Referred Judgements :-

JUDGEMENT

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