(1.) THIS application came up for hearing before our brother, Mathur, J., who directed the papers to toe laid before the Honble the Chief Justice for referring the following question for decision to a larger Bench :
(2.) ON a reference to the aforesaid provisions the following facts stand in bold relief : . -
(3.) IN the case of Vishnu Ghanshyam Emperor, AIR 1941 Nag 97, the following observations were made at page 98 by Vivian Bose, J. : -