Chandrasekaran Bala
Asked November 13, 2016

Matter to be reconsidered by larger bench

  • 1 Answer
  • 410 Views

Hi sir/madam, A divisional bench of Supreme Court of India made a conclusion for a matter in judgments. In the said judgment it was mentioned that the “matter should be reconsidered by a larger Bench and for that purpose the records of the case be placed before the Hon’ble Chief justice of India for constitution of a larger bench.” I want to know whether until larger bench final decision, whether the SC divisional bench “REPORATBLE” judgments is valid or not?. Any there any section in law highlighting the above subject?.

Answer 1

Dear sir/madam,

As you mentioned in your question that divisional bench of Supreme Court of India made a conclusion for a matter in judgments. Suggesting that it already is a judgement given by the divisional bench. Also, in a condition where you don’t approach the higher bench then this is the final order in the matter that will stand.

We also want to inform you that almost all the orders/judgements delivered by the court are “REPORTABLE” in nature until and unless specified otherwise in the said orders/judgement. Something like this “Approved for reporting” might be seen written in the orders/judgements. Even if an order/judgement doesn’t get reported and you need to challenge it or approach a higher bench regarding the order/judgement in issue, then one can always apply and get a certified copy of that order/judgement and submit it before the higher bench.

As far as a section under law is concerned, article 129 of the Constitution of India governs and allows the reporting of the orders of judgements delivered by the Hon’ble Supreme Court of India. This means making those orders/judgements available and accessible to the public at large.

Agree Comment 1 Agree almost 4 years ago

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