MAKING A REFRENCE TO FULL BENCH
DELHI HIGH COURT while deciding the W.P.(C) No.1210/2003 on 20.2.2010 in re: BRIG. V.K. ANAND vs UNION OF INDIA observed as follows:
QUOTE: When the two judges decided the writ petition under Article 226, which is in the nature of original proceedings, differed on a question of fact or law, reference to a third judge as contemplated is required to be made for disposal of the matter as per the majority opinion of the three judges/ [SEE RELIANCE INDUSTRIES LIMITED vs PRAVEENBHAI JASBHAI PATEL AIR 1997 SC 3892] . The issue referred to the third judge is whehe the petitioner’s trial by GCM was time-barred or not. While deciding this issue the line of reasoning which may be adopted by the third judge may not be the same as adoped by either of the learned judges who made the reference. But that cannot be a reason for making a reference to a Full Bench. We are afraid such a course is not permissible under the Rules. We, therefore, remit the mater back to the learned single judge with a request to decide the refrence expeditiously. UNQIOTE
[for full text of the judgement, please visit http://www.taxesinindia.com and click on the citation taxind_2009_hc_del_wpc_1210]
HIGH COURT JUDGEMENT
VENKATRAMAN RAGGHUPATHY, Web admin.
