Per incuriam and coordinate Bench discipline: earlier binding precedent cannot be ignored for alleged omission of one aspect.

A prior Full Bench ruling cannot be treated as per incuriam merely because a later Bench thinks one aspect was omitted or the decision may be wrong. Per incuriam applies only where a binding precedent or a statutory provision with force of law was ignored. A coordinate Bench remains bound by the earlier decision and, if it disagrees, must follow it or refer the matter to a larger Bench. The High Court misapplied this doctrine in disregarding the earlier Full Bench ruling on the validity of Section 15 and the jurisdictional bars under Sections 4(b), 4(c) and 37 of the Bihar Consolidation of Holdings and Prevention of Fragmentation Act, 1956, so its judgment was set aside and the matter remitted.

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Issues: Whether the High Court was in treating the earlier Full Bench decision as per incuriam and in disregarding its effect on the validity of Section 15 and the jurisdictional bars under Sections 4(b), 4(c) and 37 of the Bihar Consolidation of Holdings and Prevention of Fragmentation Act, 1956.

Analysis: A decision can be treated as per incuriam only where it was rendered in ignorance of a binding precedent or a statutory provision having statutory force. Mere omission to consider a possible aspect of the matter, or the view that an earlier decision may be incorrect, does not justify ignoring it as per incuriam. A coordinate Bench is bound by the earlier decision and, if it disagrees, the proper course is to follow it or refer the matter to a larger Bench. The impugned judgment misapplied the doctrine by branding the earlier Full Bench decision as per incuriam on the ground that one aspect had not been considered.

Conclusion: The earlier Full Bench decision could not be ignored as per incuriam, and the High Court's contrary view was unsustainable. The matter required reconsideration in light of the binding earlier decision.

Final Conclusion: The appeal succeeded, the High Court's judgment was set aside, and the matter was remitted for decision afresh in accordance with law.

Ratio Decidendi: A coordinate Bench cannot disregard an earlier binding decision as per incuriam merely because it considers some aspect of the case to have been omitted; the proper course is to follow the earlier decision or refer the matter to a larger Bench.

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