1992 (1) TMI 354 - HC - Indian Laws

Summary

Issues Involved:
1. Whether the judgment of the Full Bench in R. Tamilarasan v. Director of Handlooms and Textiles can be characterized as per incuriam or obiter dicta.
2. The binding nature of Full Bench decisions on Division Benches and single Judges.
3. The principles of precedents and exceptions to the rule of precedents.
4. The concept and application of per incuriam.
5. The concept and application of obiter dicta.

Summary:

I. Binding Nature of Full Bench Decisions:
The judgment emphasizes that Full Benches are constituted to decide specific questions and their decisions are binding on single Judges and Division Benches until reversed by a higher court. This principle ensures judicial consistency and avoids confusion in subordinate courts.

II. Principles of Precedents:
The judgment reiterates that judicial decorum and legal propriety require that Division Benches should not overrule decisions of other Division Benches or Full Benches. Instead, they should refer the matter to a larger Bench if they disagree. This is crucial for maintaining certainty and consistency in the law.

III. Per Incuriam:
A judgment is considered per incuriam if it is rendered in ignorance of a binding authority or a statute/rule having the force of law. The judgment clarifies that a decision is not per incuriam merely because it is based on a wrong understanding of the law or a binding precedent, or because the reasoning is considered wrong by a subsequent Bench.

IV. Obiter Dicta:
The term "obiter dicta" refers to statements made by a judge that are not essential to the decision and therefore not binding as precedent. The judgment explains that the binding part of a decision is the ratio decidendi, which is the principle or reason underlying the decision.

V. Analysis of Tamilarasan's Case:
The Full Bench in Tamilarasan considered whether a writ petition would lie against a Co-operative Society under Article 226 of the Constitution. The judgment concluded that a Co-operative Society is not a statutory body and therefore not amenable to writ jurisdiction. This conclusion was based on the principle that a society governed by statutory provisions is not created by a statute.

VI. Critique of Division Bench in A. Natarajan:
The Division Bench in A. Natarajan wrongly characterized the Full Bench decision in Tamilarasan as per incuriam and obiter dicta. The Division Bench failed to recognize that the Full Bench had considered the relevant statutory provisions and had not acted in ignorance of any binding authority. The Division Bench should have referred the matter to a larger Bench instead of overruling the Full Bench decision.

Conclusion:
The High Court concluded that the judgment of the Full Bench in Tamilarasan v. Director of Handlooms and Textiles is neither per incuriam nor obiter dicta. It is a valid precedent binding on Division Benches, single Judges, and subordinate courts. The Division Bench in A. Natarajan erred in its characterization of the Full Bench decision and should have followed the proper procedure of referring the matter to a larger Bench.