1995 (4) TMI 298 - SC - Indian Laws

Summary

Issues Involved:
The correctness of the Full Bench decision of the Madhya Pradesh High Court in relation to the construction of Section 138(b) of the Madhya Pradesh Municipal Corporation Act, 1956.

Judgment Summary:

Issue 1: Construction of Section 138(b) of the M.P. Act
The Full Bench of the High Court overruled the decision of the Division Bench, holding that the decision of this Court in a previous case binds the High Court. The presence of the non-obstante clause in Section 138(b) of the M.P. Act was crucial in interpreting the provision. The Division Bench's reliance on other decisions was deemed incorrect, as the non-obstante clause distinguished the case law. The Full Bench's decision was upheld, emphasizing the importance of precedent and the non-obstante clause in interpreting the law.

Issue 2: Precedent and Interpretation
Previous decisions by co-equal Benches were analyzed, highlighting the significance of the non-obstante clause in Section 138(b) of the M.P. Act. The decision in Ratna Prabha was consistently justified based on the presence of this clause, distinguishing it from cases under different statutes. The High Court's misinterpretation of precedents and Article 141 of the Constitution was criticized, and the Full Bench's decision to overrule the Division Bench was deemed appropriate.

Issue 3: Reconsideration of Previous Decision
The plea for reconsideration of the decision in Ratna Prabha was rejected, as the previous judgment had been the basis for assessing annual values in Madhya Pradesh. The test for reconsideration of a decision by the Supreme Court was not met in this case, and therefore, the plea was dismissed. The importance of adhering to established precedents unless substantial reasons exist for revision was emphasized.

In conclusion, the special leave petition challenging the Full Bench decision of the High Court was dismissed, affirming the importance of precedent, the interpretation of statutory provisions, and the limitations on reconsideration of previous judgments.