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TMI Blog1990 (8) TMI 140X X X X Extracts X X X X X X X X Extracts X X X X ..... upon the President. That power should be construed to be wide enough to enable the President to make a reference where members of a Bench find themselves unable to decide a case according to what they perceive to be the correct law and fact because of an impediment arising from an earlier decision with which they cannot honestly agree. In such cases, it is necessary for the healthy functioning of the Tribunal that the President should have the requisite authority to refer the case to a larger Bench. That is a power which is implied in the express grant authorising the President to constitute Benches of the Tribunal for effective and expeditious discharge of its functions. The Bench of two members acted within their power in stating the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the Tribunal. The President by his Order dated 4-3-1987 referred the case to a larger Bench of five members. These two orders were struck down by the High Court stating that the Bench of two members ought to have followed the earlier decision of the larger Bench of 3 Judges and a reference of the case to a still larger Bench was contrary to judicial precedent and judicial discipline. 3. In Bakelite Hylam (supra) a Bench of three members had held that the goods in question fell under Tariff Item 84.60 as claimed by the importer in the Bills of Entry. In the present case, the importer claimed in its Bills of Entry that the goods imported by it fell under Tariff Item 84.60. But the Customs authorities rejected the contention of the importer ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... for being heard by a larger Bench is to fetter the jurisdiction expressly vested in the Tribunal and thus stifle the growth of law evolving from the decisions of the Tribunal exercising judicial powers like a Court, albeit within the statutory limits of its jurisdiction. 5. Mr. G.L. Sanghi, appearing for the respondent (the importer) submits that the Tribunal is a creature of the statute. Its jurisdiction is limited to the specific powers conferred by the statute. It has no inherent jurisdiction and its powers are not plenary and are limited to the express provisions contained in the statute. While the powers of a civil court are plenary and unlimited unless expressly curtailed by statute, the powers of a tribunal are the result of expre ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e referred by the President for hearing on such point or points by one or more of the other members of the Appellate Tribunal, and such point or points shall be decided according to the opinion of the majority of the members of the Appellate Tribunal who have heard the case including those who first heard it : Provided that where the members of a Special Bench are equally divided, the point or points on which they differ shall be decided by the President." 7. Sub-section (6) of Section 129-C says that the Tribunal shall have the power to regulate its own procedure. It reads : Subject to the provisions of this Act, the Appellate"(6) Tribunal shall have power to regulate its own procedure and the procedure of the Benches thereof in al ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... also grants the power of doing all such acts, or employing such means, as are essentially necessary to its execution. [21] 9. It is true that a Bench of two members must not lightly disregard the decision of another Bench of the same Tribunal on an identical question. This is particularly true when the earlier decision is rendered by a larger Bench. The rationale of this rule is the need for continuity, certainty and predictability in the administration of justice. Persons affected by decisions of Tribunals or Courts have a right to expect that those exercising judicial functions will follow the reason or ground of the judicial decision in the earlier cases on identical matters. Classification of particular goods adopted in earlier decis ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y where the members of a Bench doubt the correctness of an earlier decision. However, Section 129-C confers power of reference upon the President. That power should be construed to be wide enough to enable the President to make a reference where members of a Bench find themselves unable to decide a case according to what they perceive to be the correct law and fact because of an impediment arising from an earlier decision with which they cannot honestly agree. In such cases, it is necessary for the healthy functioning of the Tribunal that the President should have the requisite authority to refer the case to a larger Bench. That is a power which is implied in the express grant authorising the President to constitute Benches of the Tribunal ..... X X X X Extracts X X X X X X X X Extracts X X X X
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