2003 (3) TMI 142

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....stice K.K. Usha, President]. - Vide Order dated 22-8-2002 the Division Bench of the West Regional Bench of the Tribunal has referred the following questions for being considered by the Larger Bench of more than 5 Members :- (i) In a case where no particular case law is cited before the Tribunal and the Tribunal proceeds to make a decision, whether the argument that the case law was not taken no....

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.... Chandra Parija v. Pramod Chandra Patnaik - 2002 (144) E.L.T. 7. It is held that Judicial discipline requires that in the normal course two Judges Bench would follow the decision of the Bench of three learned Judges. If two Judges Bench concludes that the earlier judgment of three learned Judges is very incorrect and under no circumstances to be followed, proper course is to set out the reasons wh....

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....rity view of the Larger Bench was on the basis of a decision of the Supreme Court in Dokka Samuel v. Dr. Jacob Lazarus Chelly - 1997 (4) SCC 478. In the above judgment the Apex Court has held that omission to cite an authority of law is not a ground for reviewing the prior judgment on the ground of an error apparent on the face of the record. Learned Counsel for the appellants placed before us the....

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....ve Member Bench following the dictum laid down by the Supreme Court. 3.Regarding question (iii) referred we hold that in the normal circumstances if there is conflict between law laid down by a High Court and the ratio of the decision of the Tribunal, whether it is a Larger Bench or not, the High Court decision will prevail over the Tribunal decision. As in the present case, if the Tribunal dec....