(1.) THIS reference has been made to the Division Bench by the Learned Chief Justice for resolving a perceived conflict in judgments of learned Single Judges.
(2.) BY an Order dated 23rd December, 1999, T. K. Chandrashekhara Das, J. , suggested to the learned Chief Justice that the following two questions be referred to a Division Bench for resolving the conflict in judgments of Single Judges:--
(3.) AFTER hearing the Counsel, we are satisfied that, in order to resolve the controversy that has arisen, it is necessary to re-formulate the terms of the Reference itself. Hence, the Reference is re-formulated as under:-