Judgment Case ID: 6095

Judgment:
vil Appeal Nos. 2839 40 of 1989 etc. From the Judgment and Order dated 6.12. 1984 of the Delhi High Court in R.F.A. Nos. 113 and 114 of 1968. K. Parasaran	 Attorney General	 T.S. Krishnamurthy Iyer	 B.R.L. Iyengar	 M.S. Gujaral	 F.S. Nariman	 A.K. Ganguli	 K. Swamy	 C.V. Subba Rao	 R.D. Agrawala	 P. Parmeshwaran	 O.P. Sharma	 R.C. Gubrele	 K.R. Gupta	 R.K. Sharma	 K.L. Rathee	 Chandulal Verma	 Subhash Mittal	 section Balakrishnan	 N.B. Sinha	 K.K. Gupta	 Sanjiv B. Sinha	 M.M. Kashyap	 P.C. Khunger	 Swaraj 321 Kaushal	 Pankaj Kalra	 S.K. Bagga	 Ravinder Narain	 Sumeet Kachwala	 section Sukumaran	 K.R. Nagaraja	 S.S. Javali	 Ms. Lira Goswami	 D.K. Das	 B.P. Singh	 Ranjit Kumar	 Santosh Hegde	 M.N. Shroff	 P.N. Misra	 D.C. Taneja	 P.K. Jena	 A.K. Sanghi and M. Veerappa for the appearing parties. The Judgment of the Court was delivered by PATHAK	 CJ. The question of law referred to us for decision in these cases is: "Whether under the Land Acquisition Act	 1894 as amended by the Land Acquisition (Amendment) Act	 1984 the claimants are entitled to sola tium at 30 per cent of the market value irre spective of the dates on which the acquisition proceedings were initiated or the dates on which the award had been passed"? It would suffice if we briefly refer to the facts in the Civil Appeals arising out of Special Leave Petitions Nos. 8194 8195 of 1985: Union of India & Another vs Raghubir Singh. The land belonging to the respondents in village Dhaka was taken by compulsory acquisition initiated by a notifica tion under section 4 of the Land Acquisition Act	 1894 issued on 13 November	 1959. The award with regard to compensation was made by the Collector on 30 March	 1963. A reference under section 18 of the Act was disposed of by the Additional District Judge on 10 June	 1968. He enhanced the compensation. The respondents preferred an appeal to the High Court claiming further compensation. During the pendency of the appeal the Land Acquisition (Amendment) Bill 1982 was introduced in Parliament on 30 April	 1982	 and became law as the Land Acquisition (Amendment) Act	 1984 when it received the assent of the President on 24 September	 1984. The High Court disposed of the appeal by its Judgment and Order dated 6 December	 1984. While it raised the rate of compensation	 it also raised the rate of interest payable on the compensa tion	 and taking into account the change in the law effected by the Land Acquisition (Amendment) Act	 1984 (referred to hereinafter as "the Amendment Act") it awarded solatium at 30 per cent of the market value. The Judgment and Order of the High Court is the subject of these appeals. When these cases came up before a Bench of two learned Judges 322 (E.S. Venkataramiah and R.B. Misra	 JJ.) on 23 September	 1985	 they referred to two earlier decisions of this Court and expressed the view that the question set forth above required re examination by a larger Bench of five Judges. It was further directed that the other questions involved in the petitions would be considered after the aforesaid ques tion had been resolved by the larger Bench. The two deci sions referred to in the Order of the learned Judges are K. Kamalajammanniavaru (dead) by Lrs. vs Special Land Acquisi tion Officer	 decided by O. Chinnappa Reddy and Sabyasachi Mukharji	 JJ. on 14 February	 1985 and Bhag Singh and Ors. vs Union Territory of Chandigarh	 ; decided by P.N. Bhagwati	 C.J.	 A.N. Sen and D.P. Madon	 JJ. on 14 August	 1985. Solatium is awarded under sub section (2) of section 23 of the Land Acquisition Act. Before the Amendment Act was enacted the sub section provided for solatium at 15 per cent of the market value. By the change introduced by the Amendment Act the amount has been raised to 30 per cent of the market value. Sub section (2) of section 30 of the Amendment Act specifies the category of cases to which the amended rate of solatium is attracted. In K. Kamalajammanniavaru	 (supra)	 the two learned Judges held that sub section (2) of section 30 referred to orders made by the High Court or the Supreme Court in ap peals against an award made between 30 April	 1982 and 22 September	 1984	 and that therefore solatium at 30 per cent alone pursuant to sub section (2) of section 30 had to be awarded in such cases only. In Bhag Singh (supra)	 however	 the three learned Judges held that sub section (2) of section 30 referred to proceedings relating to compensation pending on 30 April	 1982 or filed subsequent to that date	 whether before the Collector or before the Court or the High Court or the Supreme Court	 even if they had finally terminated before the enactment of the Amending Act. In taking that view they overruled K. Kamalajammanniavaru	 (supra) and approved of the opinion expressed in another case	 State of Punjab vs Mohinder Singh and another	 decided by section Murtaza Fazal Ali	 A. Varadarajan and Ranganath Misra	 JJ. on 1 May	 1985. At the outset	 a preliminary objection has been raised by Shri B.R.L. Iyengar to the validity of the reference of these cases to a larger Bench. He contends that the mere circumstance that a Bench of two learned Judges finds itself in doubt about the correctness of the view taken by a Bench of three learned Judges should not provide reason for refer ring the matter to a larger Bench. The preliminary objection raised by Shri Iyengar has been vigorously resisted by the 323 appellants. Having regard to the submissions made before us	 we think it necessary to lay down the law on the point. India is governed by a judicial system identified by a hierarchy of courts	 where the doctrine of binding precedent is a cardinal feature of its jurisprudence. It used to be disputed that Judges make law. Today	 it is no longer a matter of doubt that a substantial volume of the law govern ing the lives of citizens and regulating the functions of the State flows from the decisions of the superior courts. "There was a time: ' observed Lord Reid	 "when it was thought almost indecent to suggest that Judges make law They only declare it . . But we do not believe in fairy tales any more "The Judge as law Maker" p. 22. " In countries such as the United Kingdom	 where Parliament as the legislative organ is supreme and stands at the apex of the constitution al structure of the State	 the role played by judicial law making is limited. In the first place the function of the courts is restricted to the interpretation of laws made by Parliament	 and the courts have no power to question the validity of Parliamentary statutes	 the Diceyan dictum holding true that the British Parliament is paramount and all powerful. In the second place	 the law enunciated in every decision of the courts in England can be superseded by an Act of Parliament. As Cockburn CJ. observed in Exp. Canon Selwyn	 "There is no judicial body in the country by which the validity of an Act of Parliament could be questioned. An act of the Legislature is superior in authority to any Court of Law". And Ungoed Thomas J.	 in Cheney vs Conn	 referred to a Parliamentary statute as "the highest form of law . .which prevails over every other form	 of law. " The position is substantially different under a written Consti tution such as the one which governs us. The Constitution of India	 which represents the Supreme Law of the land	 envis ages three distinct organs of the State	 each with its own distinctive functions	 each a pillar of the State. Broadly	 while Parliament and the State Legislature in India enact the law and the Executive government implements it	 the judiciary sits in judgment not only on the implementation of the law by the Executive but also on the validity of the Legislation sought to be implemented. One of the functions of the superior judiciary in India is to examine the compe tence and validity of legislation	 both in point of legisla tive competence as well as its consistency with the Funda mental Rights. In this regard	 the courts in India possess a power not known to the English 324 Courts. Where a statute is declared invalid in India it cannot be reinstated unless constitutional sanction is obtained therefore by a constitutional amendment or an appropriately modified version of the statute is enacted which accords with constitutional prescription. The range of judicial review recognised in the superior judiciary of India is perhaps the widest and the most extensive known to the world of law. The power extends to examining the validi ty of even an amendment to the Constitution	 for now it has been repeatedly held that no constitutional amendment can be sustained which violates the basic structure of the Consti tution. (See His Holiness Kesavananda Bharati Sripadagalava ru vs State of Kerala	 ; Smt. Indira Nehru Gandhi vs Shri Raj Narain	 ; Minerva Mills Ltd. and others vs Union of India and others	 [1980] 2 SCC 591 and recently in S.P. Sampath Kumar etc. vs Union of India and Ors. 	 ; With this impressive expanse of judicial power	 it is only right that the superi or courts in India should be conscious of the enormous responsibility which rests on them. This is specially true of the Supreme Court	 for as the highest Court in the entire judicial system the law declared it is	 by Article 141 of the Constitution	 binding on all courts within the territory of India. Taking note of the hierarchical character of the judi cial system in India	 it is of paramount importance that the law declared by this Court should be certain	 clear and consistent. It is commonly known that most decisions of the courts are of significance not merely because they consti tute an adjudication on the rights of the parties and re solve the dispute between them	 but also because in doing so they embody a declaration of law operating as a binding principle in future cases. In this latter aspect lies their particular value in developing the jurisprudence of the law. The doctrine of binding precedent has the merit of promoting a certainty and consistency in judicial decisions	 and enables an organic development of the law	 besides providing assurance to the individual as to the consequence of transaction forming part of his daily affairs. And	 therefore	 the need for a clear and consistent enunciation of legal principle in the decisions of a Court. But like all principles evolved by man for the regula tion of the social order	 the doctrine of binding precedent is circumscribed in its governance by perceptible limita tions	 limitations arising by reference to the need for re adjustment in a changing society	 a re adjustment of legal norms demanded by a changed social context. This need for 325 adapting the law to new urges in society brings home the truth of the Holmesian aphorism that "the life of the law has not been logic it has been experience". Oliver Wendell Holmes	 "The Common Law" p. 5 and again when he declared in another study that Oliver Wendell Holmes	 "Common Carriers and the Common Law"	 (1943) 9 Curr. L.T. 387	 388 "the law is forever adopting new principles from life at one end	 and sloughing off" old ones at the other. Explaining the conceptual import of what Holmes had said	 Julius Stone elaborated that it is by the introduction of new extra legal propositions emerging from experience to serve as premises	 or by experience guided choice between competing legal propositions	 rather than by the operation of logic upon existing legal propositions	 that the growth of law tends to be determined. Julius Stone	 "Legal Systems & Lawyers Rea soning"	 pp. 58 59. Legal compulsions cannot be limited by existing legal propositions	 because there will always be	 beyond the frontiers of the existing law	 new areas inviting judicial scrutiny and judicial choice making which could well affect the validity of existing legal dogma. The search for solu tions responsive to a changed social era involves a search not only among competing propositions of law	 or competing versions of a legal proposition	 or the modalities of an indeterminacy such as "fairness" or "reasonableness"	 but also among propositions from outside the ruling law	 corre sponding to the empirical knowledge or accepted values of present time and place	 relevant to the dispensing of jus tice within the new parameters. The universe of problems presented for judicial choice making at the growing points of the law is an expanding universe. The areas brought under control by accumulation of past judicial choice may be large. Yet the areas newly presented for still further choice	 because of changing social	 economic and technological conditions are far from inconsiderable. It has also to be remembered	 that many occasions for new options arise by the mere fact that no generation looks out on the world from quite the same van tage point as its predecessor	 nor for the matter with the same perception. A different vantage point or a different quality of perception often reveals the need for choice making where formerly no alternatives	 and no problems at all	 were Perceived. The extensiveness of the areas for judicial choice at a particular time is a function not only of the accumulation of past decisions	 not only of changes in the environment	 but also of new insights and perspec tives both on old problems and on the new problems thrown up by changes entering the cultural and social heritage. 326 Not infrequently	 in the nature of things there is a gravity heavy inclination to follow the groove set by prece dential law. Yet a sensitive judicial conscience often persuades the mind to search for a different set of norms more responsive to the changed social context. The dilemma before the Judge poses the task of finding a new equilibri um	 prompted not seldom by the desire to reconcile opposing mobilities. The competing goals	 according to Dean Roscoe Pound	 invest the Judge with the responsibility "of proving to mankind that the law was something fixed and settled	 whose authority was beyond question	 while at the same time enabling it to make constant readjustments and occasional radical changes under the pressure of infinite and variable human desires." Roscoe Pound	 "an Introduction to the Phi losophy of Law" p. 19. The reconciliation suggested by Lord Reid in "The Judges as Law Maker" pp. 25 6 lies in keeping both objectives in view	 "that the law shall be certain	 and that it shall be just move with the times. " An elaboration of his opinion is contained in Myers vs Director of Public Prosecutions	 	 where he expressed the need for change in the law by the court and the limits within which such change could be brought about. He said: ibid at p. 1021. "I have never taken a narrow view of the functions of this House as an appellate tribu nal. The common law must be developed to meet changing economic conditions and habits of thought	 and I would not be deterred by ex pressions of opinion in this House in old cases. But there are limits to what we can or should do. If we are to extend the law it must be by the development and application of fundamental principles. We cannot introduce arbitrary conditions or limitations: that must be left to legislation. And if we do in effect change the law	 we ought in my opinion only to do that in cases where our decision will produce some finality or certainty. " Whatever the degree of success in resolving the dilemma	 the Court would do well to ensure that although the new legal norm chosen in response to the changed social climate repre sents a departure from the previously ruling norm	 it must	 nevertheless. carry within it the same principle of certain ty	 clarity and stability. The profound responsibility which is.borne by this Court in its choice between earlier established standards and the formulation of a new code of norms is all the more sensitive and significant because the 327 response lies in relation to a rapidly changing social and economic society. In a developing society such as India the law does not assume its true function when it follows a groove chased amidst a context which has long since crum bled. There will be found among some of the areas of the law norms selected by a judicial choice educated in the experi ence and values of a world which passed away 40 years ago. The social forces which demand attention in the cauldron of change from which a new society is emerging appear to call for new perceptions and new perspectives. The recognition that the times are changing and that there is occasion for a new jurisprudence to take birth is evidenced by what this Court said in The Bengal Immunity Company Limited vs The State of Bihar and Others	 	 when it ob served that it was not bound by its earlier judgments and possessed the freedom to overrule its judgments when it thought fit to do so to keep pace with the needs of changing times. The acceptance of this principle ensured the preser vation and legitimation provided to the doctrine of binding precedent	 and therefore	 certainty and finality in the law	 while permitting necessary scope for judicial creativity and adaptability of the law to the changing demands of society. The question then is not whether the Supreme Court is bound by its own previous decisions. It is not. The question is under what circumstances and within what limits and in what manner should the highest Court over turn its own pronouncements. In the examination of this question it would perhaps be appropriate to refer to the response of other jurisdictions	 specially those with which the judicial system in India has borne an historical relationship. The House of Lords in England provides the extreme example of a judicial body which until recently disclaimed the power to overrule it self. It used to be said that the House of Lords did never overrule itself but only distinguished its earlier deci sions. An erroneous decision of the House of Lords could be set right only by an Act of Parliament. (See Street Tramways vs London County Council	 ; and Radcliffe vs Ribble Motor Services Ltd.	 	245. ) Apparent ly bowing to the pressure of a reality forced upon it by reason of a rapidly gathering change in the prevailing socio economic structure	 on 26 July	 1966	 Lord Gardiner	 L.C.	 made the following statement on behalf of himself and the Lords of Appeal in Ordinary: "Their lordship regard the use of precedent as an indispensable foundation upon which to decide what is the law and its application to individual cases. It provides at least 328 some degree of certainty upon which individu als can rely in the conduct of their affairs	 as well as a basis for orderly development of legal rules. Their lordships nevertheless recog nise that too rigid adherence to precedent may lead to injustice in a particular case and also unduly restrict the proper development of the law. They propose therefore to modify their present practice and	 while treating former decisions of this House as normally binding	 to depart from a previous decision when it appears right to do so. In this connection they will bear in mind the danger of disturbing retrospectively the basis on which contracts	 settlements of property and fiscal arrangements have been entered into and also the especial need for certainty as to the criminal Law. " Since then the House of Lords has framed guidelines in a series of cases decided upto to 1975 and the guidelines have been summarised in Dr. Alan Paterson 's "Law Lords" 1982: pp. 156 157. He refers to several criteria articulated by Lord Reid in those cases. The freedom granted by the 1966 Practice Statement ought to be exercised sparingly (the 'use sparingly ' crite rion) (Jones vs Secretary of State for Social Services	 [1972] A.C. at 966. A decision ought not to be overruled if to do so would upset the legitimate expectations of people who have entered into contracts or settlements or otherwise regulated their affairs in reliance on the validity of that decision (the 'legitimate expectations ' criterion) (Ross Smith vs Ross Smith	 	 303 and Indyka vs Indyka	 [1969] I A.C. 33	 69.) 3. A decision concerning questions of construction of statute or other documents ought not to be overruled except in rare and exceptional cases (the 'Construction ' criterion) Jones	 at 966. 4(a) A decision ought not to be overruled if it would be impracticable for the Lords to foresee the consequences of departing from it (the 'unforseeable consequences ' crite rion) (Steadman vs Steadman	 	542. (b) A decision ought not to be overruled if to do so would involve a change that ought to be part of a 329 comprehensive reform of the law. Such changes are best done 'by legislation following on a wide survey of the whole field ' (the 'need for comprehensive reform ' criterion) (DPP vs Myers	 	 1022; Cassell vs Broome	 ; 	 11086 and Haughton vs Smith	 [1975] A.C. 476	500). In the interest of certainty	 a decision ought not to be overruled merely because the Law Lords consider that it was wrongly decided. There must be some additional reasons to justify such a step (the 'precedent merely wrong ' crite rion) Knuller vs DPP	 [1973] A .C. 435	455; 6. A decision ought to be overruled if it causes such great uncertainty in practice that the Parties ' advisers are unable to give any clear indication as to what the courts will hold the law to be (the 'rectification of uncertainty ' criterion) Jones	 at 966; Oldendroll & Co. vs Tradex Export	 S.A. 1974 479	533	535. 7. A decision ought to be overruled if .in relation to some broad issue or principle it is not considered just or in keeping with contemporary social conditions or modern conceptions of public policy (the 'unjust or outmoded ' criterion) ibid Conway vs Rimmer	 ; 	938. Dr. Paterson noted that between the years 1966 and 1988 there were twenty nine cases in which the House of Lords was invited to overrule one of its own precedents	 that the House of Lords did so in eight of them	 while in a further ten cases at least one of the Law Lords was willing to overrule the previous House of Lords precedent. In a consid erable number of other cases	 however	 the Law Lords seemed to prefer to distinguish the earlier decisions rather than overrule them. The High Court of Australia	 the highest Court in the Commonwealth	 has reserved to itself the power to reconsider its own decision	 but has laid down that the power should not be exercised upon a mere suggestion that some or all the member of the later Court would arrive at a different con clusion if the matter were res integra. In the Tramways case; 	 	 Griffith	 C.J.	 while doing so administered the following caution: "In my opinion	 it is impossible to maintain as an abstract proposition that Court is either legally or technically bound by previ ous decisions. Indeed	 it may	 in a proper case	 be 330 its duty to disregard them. But the rule should be applied with great caution	 and only when the previous decision is manifestly wrong	 as	 for instance	 if it proceeded upon the mistaken assumption of the continuance of a repealed or expired Statute	 or is contrary to a decision of another Court which this Court is bound to follow; not	 I think	 upon a mere suggestion	 that some or all of the members of the later Court might arrive at a different conclusion if the matter was res integra. Otherwise there would be grate danger of want of continuity in the interpretation of law. " In the same case	 Barton	 J. observed at p. 69: " . . I would say that I never thought that it was not open to this Court to review its previous decisions upon good cause. The question is not whether the Court can do so	 but whether it will	 having due regard to the need for continuity and consistency in the judicial decision. Changes in the number of appointed Justices can	 I take it	 never of themselves furnish a reason for review . . But the Court can always listen to argument as to whether it ought to review a particular decision	 and the strongest reason for an overruling is that a decision is manifestly wrong and its continuance is injurious to the public interest". In the United States of America the Supreme Court has explicitly overruled its prior decision in a number of cases and reference will be found to them in the judgment of Brandeis	 J. in State of Washington vs Dawson & Co.	 ; where he said: "The doctrine of Stare decisis should not deter us from overruling that case and those which follow it. The decisions are recent ones. They have not been acquiesced in. They have not created a rule of property around which vested interests have clustered. They affect solely matters of a transitory nature. On the other hand	 they affect seriously the lives of men	 women and children	 and the general welfare. Stare decisis is ordinarily	 a wise rule of action. But it is not a univer sal	 inexorable command. The instances in which the Courts have disregarded its admonition a re many. " 331 Elaborating his point in his dissenting judgment in David Burnel vs Coronado Oil & Gas Company	 ; ; 76 L.Ed. 815	 Brandeis	 J. observed: "Stare decisis usually the wise policy	 because in most matters it is more important that the applicable rule of law be settled right. Compare National Bank vs Whitney	 103 U.S. 99; 26 L.Ed. 443 444. This is commonly true even where the error is a matter of serious concern	 provided correction can be had by legislation. But in cases involving the Feder al Constitution	 where correction through legislative action is practically impossible	 this Court has often overruled its earlier decisions. The Court bows to the lessons of experience and the force of better reasoning recognising that the process of trial and error	 so fruitful in the physical sciences	 is appropriate also in the judicial function. " The Judicial. Committee of the Privy Council also took the view that it was not bound in law by its earlier deci sions	 but in In re Compensation to Civil Servants	 L.R. ; A.I.R. 1929 P.C. 84	 87 it declared that it "would hesitate long before disturbing a solemn decision by a previous Board	 which raised an identical or even a simi lar issue for determination" and reiterated that reservation in the Attorney General of Ontario vs The Canada Temperance Federation	 L.R. 76 Q.A. 10 and Phanindra Chandra Neogy vs The King; 	 These cases from England	 Australia and the United States were considered by this Court in The Bengal Immunity Company Limited vs The State of Bihar and others	 (supra)	 perhaps the first recorded instance of the Supreme Court in this country being called upon to consider whether it could overrule an earlier decision rendered by it. A Bench of seven Judges assembled to consider whether the majority decision of a Constitution Bench of five Judges in State of Bombay vs The United Motors (India) Ltd.	 ; should be reconsidered. Four Judges of the Bench of seven said it should and voted to overrule the majority decision in the United Motors	 (supra). The remaining three voted to the contrary. Das	 Acting C.J.	 speaking for himself and on behalf of Bose	 Bhagwati and Jafar Imam	 JJ	 preferred the approach adopted by the United States Supreme Court since	 in the view of that learned Judge	 the position in India approximated more closely to that obtaining in the United states rather than to the position in England	 where Parlia ment could rectify the situation by a simple majority	 and to that in Australia	 where the mistake could be 332 corrected in appeal to the Privy Council. The learned Judge observed: "There is nothing in our Constitution which pre vents us from departing from a previous decision if we are convinced of its error and its baneful effect on the general interests of the public." And reference was made to the circumstance that Article 141 of the Constitution made the law declared by this Court binding on all Courts in India. Speaking with reference to the specific case before the Court	 the learned Judge referred to the far reaching effect of the earlier decision in the United Motors (supra) on the general body of the consuming public	 and that the error committed in the earlier decision would result in perpetuat ing a tax burden erroneously imposed on the people	 giving rise to a consequence "manifestly and wholly unauthorised." The learned Judge observed: "It is not an ordinary pronouncement declaring the rights of two private individuals inter se. It involves an adjudication on the taxing power of the States as against the consuming public generally. If the decision is errone ous	 as indeed we conceive it to be	 we owe it to the public to protect them against the illegal tax burdens which the States are seeking to impose on the strength of that errone ous recentdecision". Cautioned that the Court should not differ merely because a contrary view appeared preferable	 the learned Judge affirmed that "we should not lightly dissent from a previous pronouncement of this Court. " But if the previous decision was plainly erroneous	 he pointed out	 there was a duty on the Court to say so and not perpetuate the mistake. The appeal to the principle of stare decisis was rejected on the ground that (a) the decision intended to be overruled was a very recent decision and it did not involve overruling a series of decisions	 and (b) the doc trine of stare decisis was not an inflexible rule	 and must	 in any event	 yield where following it would result in perpetuating an error to the detriment of the general wel fare of the public or a considerable section thereof. Since then the question as to when should the Supreme Court overrule its own decision has been considered in several cases. Relying on the Bengal Immunity case	 Khanna	 J. remarked that certainly in the law	 which was an essen tial ingredient of the Rule of Law	 would be considerably eroded if the highest court of the land lightly overruled the view expressed by it in earlier cases. One instance where such overruling could be permissible was a situation where contextual values giving birth to the earlier view had altered substantially since. 333 In Maganlal Chhagganlal (P) Ltd. vs Municipal Corporation of Greater Bombay & Ors. 	 ; he explained: "Some new aspects may come to light and it may become essen tial to cover fresh grounds to meet the new situations or to overcome difficulties which did not manifest themselves or were not taken into account when the earlier view was pro pounded. Precedents have a value and the ratio decidendi of a case can no doubt be of assistance in the decision of future cases. At the same time we have to	 as observed by Cardozo	 guard against the notion that because a principle has been formulated as the ratio decidendi of a given prob lem	 it is therefore to be applied as a solvent of other problems	 regardless of consequences	 regardless of deflect ing factors	 inflexibly. and automatically	 in all its pristine generality (see Selected Writings	 p. 31). As in life so in law things are not static. " In Lt. Col. Khajoor Singh vs The Union of India & Anoth er; 	 the majority of this court emphasised that the court	 should not depart from an interpretation given in an earlier judgment of the court unless there was a fair amount of unanimity that the earlier decision was manifestly wrong. In Keshav Mills Company vs Commissioner of Income Tax	 ; 	921 this court observed that a revision of its earlier decision would be justified if there were compelling and substantial reasons to do so. In Sajjan Singh vs State of Rajasthan	 ; 	947 948 the court laid down the test: 'Is it absolutely necessary and essential that the question already decided should be reo pened? '	 and went on to observe: 'the answer to this ques tion would depend on the nature of the infirmity alleged in the earlier decision	 its impact on public good and the validity and compelling character of the considerations urged in support of the contrary view. ' There can be no doubt	 as was observed in Girdhari Lal Gupta vs D.H. Mill	 ; that where an earlier relevant statutory provision has not been brought to the notice of the court	 the decision may be reviewed	 or as in Pillani Investment Corporation Ltd. vs I.T.O. 'A ' Ward	 Calcutta & Anr.	 ; 	 if a vital point was not considered. A more compendious examination of the problem was undertaken in Keshav Mills Company vs Commissioner of Income Tax	 (supra) where the Court pointed out: "It is not possible or desirable	 and in any case it would be inexpedient to lay down any principles which should 334 govern the approach of the Court in dealing with the ques tion of reviewing and revising its earlier decisions. It would always depend upon several relevant considerations: What is the nature of the infirmity or error on which a plea for a review and revision of the earlier view is based? On the earlier occasion	 did some patent aspects of the question remain unnoticed	 or was the attention of the Court not drawn to any relevant and materi al statutory provision	 or was any previous decision of this Court bearing on the point not noticed? Is the court hearing such plea fairly unanimous that there is such an error in the earlier view? What would be the impact of the error on the general administration of law or on public good? Has the earlier decision been followed on subsequent occasions either by this Court or by the High Courts? And	 would the reversal of the earlier decision lead to public inconven ience	 hardship or mischief? These and other relevant con siderations must be carefully borne in mind whenever this Court is called upon to exercise its jurisdiction to review and revise its earlier decisions. These considerations become still more significant when the earlier decision happens to be a unanimous decision of the Bench of five learned Judges of this Court. " Much importance has been laid on observing the finality of decisions rendered by the Constitution Bench of this Court	 and in Ganga Sugar Company vs State of Uttar Pradesh	 ; 	 782 the Court held against the finality only where the subject was 'of such fundamental importance to national life or the reasoning is so plainly erroneous in the light of later thought that it is wiser to be ultimately right rather than to be consistently wrong '. It is not necessary to refer to all the cases on the point. The broad guidelines are easily deducible from what has gone before. The possibility of further defining these guiding principles can be envisaged with further juridical experience	 and when common jurisprudential values linking different national systems of law may make a consensual pattern possible. But that lies in the future. There was some debate on the question whether a Division Bench of Judges is obliged to follow the law laid down by a Division Bench of a larger number of Judges. Doubt has arisen on the point because of certain observations made by O. Chinnappa Reddy	 J. in 335 Javed Ahmed Abdul Hamid Pawala vs State of Maharashtra	 AIR 1985 SC 23 1. Earlier	 a Division Bench of two Judges	 of whom he was one	 had expressed the view in T.V. Vatheeswaran vs The State of Tamil Nadu	 that delay exceeding two years in the execution of a sentence of death should be considered sufficient to entitle a person under sentence of death to invoke Article 21 of the Constitution and demand the quashing of the sentence of death. This would be so	 he observed	 even if the delay in the execution was occasioned by the time necessary for filing an appeal or for considering the reprieve of the accused or some other cause for which the accused himself may be responsible. This view was found unacceptable by a Bench of three Judges in Sher Singh & Ors. vs State of Punjab	 ; where the learned Judges observed that no hard and fast rule could be laid down in the matter. In direct disagreement with the view in T.V. Vatheeswaran	 (supra)	 the learned Judges said that account had to be taken of the time occupied by pro ceedings in the High Court and in the Supreme Court and before the executive authorities	 and it was relevant to consider whether the delay was attributable to the conduct of the accused. As a member of another Bench of two Judges	 in Javed Ahmed Abdul Hamid Pawala	 (supra) O. Chinnappa Reddy	 J. questioned the validity of the observations made in Sher Singh	 (supra) and went on to note	 without express ing any concluded opinion on the point	 that it was a seri ous question "whether a Division Bench of three Judges could purport to overrule the judgment of a Division Bench of two Judges merely because there is larger than two. The Court sits in Divisions of two and three Judges for the sake of convenience and it may be inappropriate for a Division Bench of three Judges to purport to overrule the decision of a Division Bench of two Judges. Vide Young vs Bristol Aero plane Co. Ltd.	 It may be otherwise where a Full Bench or a Constitution Bench does so. " It is pertinent to record here that because of the doubt cast on the validity of the opinion in Sher Singh	 (supra)	 the question of the effect of delay on the execution of a death sentence was referred to a Division Bench of five Judges	 and in Triveniben vs State of Gujarat	 AIR 1989 SC 142 the Constitution Bench overruled T.V. Vatheeswaran	 (supra). What then should be the position in regard to the effect of the law pronounced by a Division Bench in relation to a case raising the same point subsequently before a Division Bench of a smaller number of Judges? There is no constitu tional or statutory prescription in the matter	 and the point is governed entirely by the practice in India of the Courts sanctified by repeated affirmation over a century of time. It cannot be doubted that in order to promote consist ency and certainty 336 in the law laid down by a superior Court	 the ideal condi tion would be that the entire Court should sit in all cases to decide questions of law	 and for that reason the Supreme Court of the United States does so. But having regard to the volume of work demanding the attention of the Court	 it has been found necessary in India as a general rule of practice and convenience that the Court should sit in Divisions	 each Division being constituted of Judges whose number may be determined by the exigencies of judicial need	 by the nature of the case including any statutory mandate relative there to	 and by such other considerations which the Chief Jus tice	 in whom such authority devolves by convention	 may find most appropriate. It is in order to guard against the possibility of inconsistent decisions on points of law by different Division Benches that the rule has been evolved	 in order to promote consistency and certainty in the devel opment of the law and its contemporary status	 that the statement of the law by a Division Bench is considered binding on a Division Bench of the same or lesser number of Judges. This principle has been followed in India by several generations of Judges. We may refer to a few of the recent cases on the point. In John Martin vs The State of West Bengal	 ; a Division Bench of three Judges found it right to follow the law declared in Haradhan Saha vs State of West Bengal	 ; decided by a Division Bench of five Judges	 in preference to Bhut Nath Mate vs State of West Bengal	 ; decided by a Division Bench of two Judges. Again in Smt. India Nehru Gandhi vs Shri Raj Narain	 Beg	 J. held that the Constitution Bench of five Judges was bound by the Constitution Bench 01 ' thirteen Judges in His Holiness Kesavananda Bharati Sripadagalavaru vs State of Kerala	 [1973] Suppl. 1 SCR. In Ganapati Sitaram Balvalkar & Anr. vs Waman Shripad Mage (Since Dead) Through Lrs.	 this Court expressly stated that the view taken on a point of law by a Division Bench of four Judges of this Court was binding on a Division Bench of three Judges of the Court. And in Mattulal vs Radhe Lal	 ; this Court specifically observed that where the view expressed by two different Division Benches of this Court could not be reconciled	 the pronouncement of a Division Bench of a larger number of Judges had to be	 preferred over the deci sion of a Division Bench of a smaller number of Judges. This Court also laid down in Acharaya Maharajshri Narandrapra sadji AnandprasadjiMaharaj etc. vs The State of Gujarat & Ors.	 ; that even where the strength of two differing Division Benches consisted of the same number of Judges	 it was not open to one Division Bench to decide the correctness or other wise of the views of the other. The principle was reaffirmed in Union of India & Ors. vs Godfrey Philips India Ltd.	 [1985] 4 337 SCC 369 which noted that a Division Bench of two Judges of this Court in Jit Ram vs State of Haryana	 ; had differed from the view taken by an earlier Division Bench of two Judges in Motilal Padampat Sugar Mills vs State of U.P.	 ; on the point whether the doctrine of promissory estoppel could be defeated by invoking the defence of executive necessity	 and holding that to do so was wholly unacceptable reference was made to the well accepted and desirable practice of the later Bench referring the case to a larger Bench when the learned Judges found that the situation called for such reference. We are of opinion that a pronouncement of law by a Division Bench of this Court is binding on a Division Bench of the same or a smaller number of Judges	 and in order that such decision be binding	 it is not necessary that it should be a decision rendered by the Full Court or a Constitution Bench of the Court. We would	 however	 like to think that for the purpose of imparting certainty and endowing due authority decisions of this Court in the future should be rendered by Division Benches of at least three Judges un less	 for compelling reasons that is not conveniently possi ble. Upon the aforesaid considerations	 and in view of the nature and potential of the questions raised in these cases we are of the view that there was sufficient justification for the order dated 23 September	 1985 made by the Bench of two learned judges referring these cases to a larger Bench for reconsideration of the question decided in K. Kamalajam mannivaru (dead) by Lrs.	 (supra) and Bhag Singh and Ors.	 (supra). The preliminary objection raised by learned counsel for the respondents to the validity of the reference is overrruled. We now come to the merits of the reference. The refer ence is limited to the interpretation of section 30(2) of the Land Acquisition (Amendment) Act of 1984. Before the enact ment of the Amendment Act	 solatium was provided under section 23(2) of the Land Acquisition Act (shortly	 "the parent Act") at 15% on the market value of the Land computed in accordance with section 23(1) of the Act	 the solatium being provided in consideration of the compulsory nature of the acquisition. The Land Acquisition Amendment Bill	 1982 was introduced in the House of the People on 30 April	 1982 and upon enactment the Land Acquisition Amendment Act 1984 commenced operation with effect from 24 September	 1984. section 15 of the Amendment Act amended section 23(2) of the parent Act and substituted the words '30 per centum ' in place of the words '15 per centum '. Parliament intended that the be 338 nefit of the enhanced solatium should be made available albeit to a limited degree	 even in respect of acquisition proceedings taken before that date. It sought to effectuate that intention by enacting section 30(2) in the Amendment Act	 section 30(2) of the Amendment Act provides: "(2) the provisions of sub section (2) of section 23 . of the principal Act	 as amended by clause (b) of section 15 . . of this Act . . shall apply and shall be deemed to have applied	 also to	 and in relation to	 any award made by the Collector or Court or to any order passed by the High Court or Supreme Court in appeal against any such award under the provisions of the principal Act after the 30th day of April	 1982 [the date of introduction of the Land Acquisition (Amendment) Bill	 1982	 in the House of the People] and before the commencement of this Act." In construing section 30(2)	 it is just as well to be clear that the award made by the Collector referred to here is the award made by the Collector under section 11 of the parent Act	 and the award made by the Court is the award made by the Principal Civil Court of Original Jurisdiction under section 23 of the parent Act on a reference made to it by the Collector under section 19 of the parent Act. There can be no doubt that the benefit of the enhanced solatium is intended by section 30(2) in respect of an award made by the Collector between 30 April 1982 and 24 September	 1984. Likewise the benefit of the enhanced solatium is extended by section 30(2) to the case of an award made by the Court between 30 April 1982 and .24 September 1984	 even though it be upon reference from an award made before 30 April	 1982. The question is: what is the meaning of the words "or to any order passed by the High Court or Supreme Court on appeal against any such award?" Are they limited	 as con tended by the appellants	 to appeals against an award of the Collector or the Court made between 30 April 1982 and 24 September 1984	 or do they include also	 as contended by the respondents	 appeals disposed of between 30 April	 1982 and 24 September 1984 even though arising out of awards of the Collector or the Court made before 30 April	 1982. We are of opinion that the interpretation placed by the appellants should be preferred over that suggested by the respondents. Parliament has identified the appeal before the High Court and the appeal before the Supreme Court by describing it as an appeal against 'any such award '. The submission on behalf of the respondents is that the words 'any such award ' mean the award made by the Collector or Court	 and carry no 339 greater limiting sense; and that in this context	 upon the language of section 30(2)	 the order in appeal is an appellate order made between 30 April 1982 and 24 September 1984 in which case the related award of the Collector or of the Court may have been made before 30 April 1982. To our mind	 the words 'any such award ' cannot bear the broad meaning suggested by learned counsel for the respondents. No such words of description by way of identifying the appellate order of the High Court or of the Supreme Court were neces sary. Plainly	 having regard to the existing hierarchical structure of for a contemplated in the parent Act those appellate orders could only be orders arising in appeal against the award of the Collector or of the Court. The words 'any such award ' are intended to have deeper signifi cance	 and in the context in which those words appear in section 30(2) it is clear that they are intended to refer to awards made by the Collector or Court between 30 April	 1982 and 24 September	 1984. In other words section 30(2) of the Amendment Act extends the benefit of the enhanced solatium to cases where the award by the Collector or by the Court is made between 30 April	 1982 and 24 September	 1984 or to appeals against such awards decided by the High Court and the Su preme Court whether the decisions of the High Court or the Supreme Court are rendered before 24 September	 1984 or after that date. All that is material is that the award by the Collector or by the Court should have been made between 30 April	 1982 and 24 September	 1984. We find ourselves in agreement with the conclusion reached by this Court in K. Kamalajammanniavaru (dead) by Lrs. vs Special Land Acquisi tion Officer	 (supra)	 and find ourselves unable to agree with the view taken in Bhag Singh and Others vs Union Terri tory of Chandigarh	 (supra). The expanded meaning given to section 30(2) in the latter case does not	 in our opinion	 flow reasonably from the language of that sub section. It seems to us that the learned judges in that case missed the sig nificance of the word 'such ' in the collocation 'any such award ' in section 30(2). Due significance must be attached to that word	 and to our mind it must necessarily intend that the appeal to the High Court or the Supreme Court	 in which the benefit of the enhanced solatium is to be given	 must be confined to an appeal against an award of the Collector or of the Court rendered between 30 April	 1982 and 24 Septem ber	 1984. We find substance in the contention of the learned Attorney General that if Parliament had intended that the benefit of enhanced solatium should be extended to all pending proceedings it would have said so in clear language. On the contrary	 as he says	 the terms in which section 30(2) is couched indicate a limited extension of the benefit. The Amendment Act has not been made generally retrospective with 340 effect from any particular date	 and such retrospectivity as appears is restricted to certain areas covered by the parent Act and must be discovered from the specific terms of the provision concerned. Since it is necessary to spell out the degree of retrospectivity from the language of the relevant provision itself	 close attention must be paid to the provi sions of section 30(2) for determining the scope of retrospective relief intended by Parliament in the matter of enhanced solatium. The learned Attorney General is also right when he points out that it was never intended to define the scope of the enhanced solatium on the mere accident of the disposal of a case in appeal on a certain date. Delays in the superi or Courts extend now to limits which were never anticipated when the right to approach them for relief was granted by statute. If it was intended that section 30(2) should refer to appeals pending before the High Court or the Supreme Court between 30 April	 1982 and 24 September	 1984	 they could well refer to proceedings in which an award had been made by the Collector from anything between 10 to 20 years before. It could never have been intended that rates of compensation and solatium applicable to acquisition proceedings initiated so long ago should now enjoy the benefit of statutory en hancement. It must be remembered that the value of the land is taken under section 11(1) and section 23(1) with reference to the date of publication of the notification under s.4(1)	 and it is that date which is usually material for the purpose of determining the quantum of compensation and solatium. Both section 11(1) and section 23(1) speak of compensation being determined on the basis	 inter alia	 of the market value of the land on that date	 and solatium by section 23(2)	 is computed as a per centage on such market value. Our attention was drawn to the order made in State of Punjab vs Mohinder Singh	 (supra)	 but in the absence of a statement of the reasons which persuaded the learned Judges to take the view they did we find it difficult to endorse that decision. It received the approval of the learned Judges who decided Bhag Singh (supra)	 but the judgment in Bhag Singh	 (supra) as we have said earlier	 has omitted to give due significance to all the material provisions of section 30(2)	 and consequently we find ourselves at variance with it. The learned Judges proceeded to apply the principle that an appeal is a continuation of the proceeding initiated before the Court by way of reference under section 18 but	 in our opinion	 the application of a general principle must yield to the limiting terms of the statutory provision itself. Learned counsel for the respondents has strenuously relied on the general principle that the appeal is a re hearing of the original matter	 but we are not satisfied that he is on good ground in invoking that principle. Learned counsel 341 for the respondents points out that the word 'or ' has been used in section 30(2)	 as a disjunctive between the reference to the award made by the Collector or the Court and an order passed by the High Court or the Supreme Court in appeal and	 he says	 properly understood it must mean that the period 30 April	 1982 to 24 September	 1984 is as much applicable to the appellate order of the High Court or of the Supreme Court as it is to the award made by the Collector or the Court. We think that what Parliament intends to say is that the benefit of section 30(2) will be available to an award by the Collector or the Court made between the aforesaid two dates or to an appellate order of the High Court or of the Supreme Court which arises out of an award of the Collector or the Court made between the said two dates. The word 'or ' is used with reference to the stage at which the proceeding rests at the time when the benefit under section 30(2) is sought to be extended. If the proceeding has terminated with the award of the Collector or of the Court made between the aforesaid two dates	 the benefit of section 30(2) will be applied to such award made between the aforesaid two dates. If the proceeding has passed to the stage of appeal before the High Court or the Supreme Court	 it is at that stage when the benefit of section 30(2) will be applied. But in every case	 the award of the Collector or of the Court must have been made between 30 April	 1982 and 24 September	 1984. In the result we overrule the statement of the law laid down in Mohinder Singh	 (supra) and in Bhag Singh and Anoth er	 (supra) and prefer instead the interpretation of section 30(2) of the Amendment Act rendered in K. Kamalajammanniava ru (dead) by Lrs. (supra). The cases will now be listed before a Division Bench of three learned Judges for hearing on the merits of the other points raised in the cases.

Summary:
A common question of law having arisen in this group of cases for determination by this Court	 they were heard together. Lands of Respondents in Civil Appeal Nos. 2839 40 of 1989 were acquired under the Land Acquisition Act. The Collector made the award for compensation on March 30	 1963 and on a reference	 being made under Section 18 of the Act	 the Additional District Judge enhanced the compensation by his order dated June 10	 1968. The Respondents appealed to the High Court seeking further enhancement. During the pendency of the appeal	 Land Acquisition (Amendment) Bill 1982 was introduced on April 30	 1982 and became an Act on Sept. 24	 1984. The High Court disposed of the appeal on Dec. 4	 1984 and apart from raising the quantum of compensa tion	 also awarded a solatium at 30 per cent in terms of the Amendment Act 1984. The State appealed to this Court. The matter initially came up before a Division Bench on September 23	 1985. The Bench had before it two decisions of this Court wherein divergent views were expressed. The two decisions were: In K. Kamalajammanniavaru 's (dead) by Lrs. vs Special Land 317 Acquisition Officer		 This Court (composed of.two Judges) took the view that award of 30 per cent solatium under the amended Section 23(2) by the High Court or the Supreme Court were applicable only where the award appealed against was made by the Col lector or the Court between April 30	 1982 and Sept. 24	 1984. In the second decision	 Bhag Singh & Ors. vs Union Territory of Chandigarh	 ; 	 this Court (comprised of three Judges) took a contrary view and ruled that even if an award was made by the Collector or the Court on or before April 1982 and an appeal against such award was pending before the High Court or this Court on 30.4.1982 or was filed subsequent to that date	 the provisions of amended Section 23(2) and 28 of the Land Acquisition Act would be applicable as the appeal was a continuation of the reference made under Section 18 and as such the appellate Court must apply the amended provision on the date of the decision of the appeal. In this way the decision in Kamalajammanniava ru 's case was overruled by this Court in Bhag Singh 's case and the Court approved another decision of Division Bench comprised of three Judges in Mohinder Singh 's case which merely directed payment of enhanced solatium and interest without giving any reasons. In view of the conflicting decisions on the point of two Judges Bench before	 whom these cases come up for considera tion	 referred to this Larger Bench the question: whether under the Amended Section 23(2)	 the claimants were entitled to solatium at 30 per cent of the market value irrespective of the dates on which the land acquisition proceedings were initiated or on the dates on which the award had been passed. Overruling the preliminary objection as to the maintain ability of the reference of matters to a larger Bench	 this Court disposing of the reference and directing that the appeals be now listed for hearing on merits	 HELD: Solatium is awarded under sub section (2) of Section 23 of the Land Acquisition Act. Before the Amendment Act was enacted	 the Sub section provided for solatium at 15 per cent of the market value. By the change introduced by the Amendment Act the amount has been raised to 30 per cent of the market value. Sub section (2) of Section 30 of the Amendment Act specifies the category of cases to which the amended rate of solatium is attracted. [322D] 318 What Parliament intends to say is that the benefit of Section 30(2) will be available to an award by the Collector or the Court made between 30th April 1982 and 24th September 1984 or to an appellate order of the High Court or of the Supreme Court which arises out of an award of the Collector or the Court made between the two said dates. The word 'or '	 is used with reference to the stage at which the proceeding rests at the time when the benefit under Section 30(2) is sought to be extended. If the proceeding has terminated with the award of the Collector or of the Court made between the aforesaid two dates	 the benefit of Section 30(2) will be applied to such award made between the aforesaid two dates. If the proceeding has passed to the stage of appeal before the High Court or the Supreme Court	 it is at that stage when the benefit of Section 30(2) will be applied. But in every case the award of the Collector or of the Court must have been made between April 30	 1982 and September 24	 1984. [339D G] A pronouncement of law by a Division Bench of this Court is binding on a Division Bench of the same or a smaller number of Judges	 and in order that such decision be bind ing	 it is not necessary that it should be a decision ren dered by the full Court or a Constitution Bench of the Court. For the purpose of imparting certainty and endowing due authority	 decisions of this Court in the future should be rendered by Division Benches of at least three Judges unless	 for compelling reasons that is not conveniently possible. [337C D] The Land Acquisition Bill 1982	 was introduced in the House of the People on 30th April	 1982 and upon enactment the Land Acquisition Act	 1984	 commenced operation with effect from 24th Sept. 1984. Section 15 of the Amendment Act amended Section 23(2) of the parent Act and substituted the words "30 per cent" in place of the words "15 per cent". Parliament intended that the benefit of the enhanced solati um should be made available albeit to a limited degree even in respect of acquisition proceedings taken before the date. It sought to effectuate that intention by enacting Section 30(2) in the Amendment Act. [337G H; 338A] There can be no doubt that the benefit of the enhanced solatium is intended by Section 30(2) in respect of an award made by the Collector between 30th April 1982 and 24th September 1984. Likewise the benefit of the enhanced solati um is extended by Section 30(2) to the case of an award made by the Court between April 30	 1982 and September 24	 1984	 even though it be upon reference from an award made before April 30	 1982. [338E] 319 One of the functions of the Superior Judiciary in India is to examine the competence and validity of legislation both in point of legislative competence as well as its consistency with the Fundamental Rights. In this regard the Courts in India possess a power not known to the English Courts. [323G H] Exp. Canon Selwyn	 and Cheney vs Conn	 	 referred to. The range of judicial review recognised in the Superior Judiciary of India is perhaps the widest and the most exten sive known to the world of law. The power extends to examin ing the validity of even an amendment to the Constitution for now it has been repeatedly held that no Constitutional amendment can be sustained which violates the basic struc ture of the Constitution. [324B] His Holiness Kesavananda Bharti Sripadagalavaru vs State of Kerala	 ; Smt. Indira Nehru Gandhi vs Shri Raj Narain	 ; Minerva Mills Ltd. and others vs Union of India and others	 [1980] 2 SCC 591; S.P. Sampath Kumar etc. vs Union of India and Ors. 	 ; The Court overruled the statement of the law laid down in the cases of State of Punjab vs Mohinder Singh & Anr. and Bhag Singh and Others vs Union Territory of Chandigarh and preferred the interpretation of Section 30(2) of the Amend ment Act rendered in K. Kamalajammanniavaru (dead) by Lrs. vs Special Land Acquisition Officer. Oliver Wendell Holmes	 "The Common Law"	 p. 5; Oliver Wendell Homes	 "Common Carriers and the Common Law"	 [1943] 9 Curr. L.T. 387	 388; Julius Stone	 "Legal Systems & Law yers Reasoning"	 p. 58 59; Roscoe Pound	 "An Introduction to the Philosophy of Law"	 p. 19; "The Judge as Law Maker"	 pp. Myers vs Director of Public Prosecutions	 L.R. 1965 A.C. 1001 & 1021; The Bengal Immunity Company Limited vs The State of Bihar and Others	 ; Street Tramways vs London County Council	 ; ; Radcliffe vs Ribble Motor Services Ltd.	 ; 245; Dr. Alan Paterson 's "Law Lords"	 [1982] pp. 156 157; Jones vs Secretary of State for Social Services	 [1972] A.C. at 966; Ross Smith vs Ross Smith	 	 303; Indyka vs Indyka	 [1969] I A.C. 33	 69; Construction by Jones	 at 966; Steadman vs Steadman	 	 542; DPP vs Myers	 [1965] A.C. 1001	 320 1022; Cassell vs Broome	/1972] A.C. 1027	 1086; Haughton vs Smith	 [1975] A.C. 476	500; Knullerv. DPP	 [1973] A.C. 435	455; Conway vs Rimmer	 ; 	 938; Tramways case; 	 ; State of Washington vs Dawson & Co.	 	 ; David Burnel vs Coronado Oil & Gas Company	 ; 	 ; Compare National Bank vs Whitney	 ; 	 26 L.Ed. 443 444; Compensation to Civil Servants	 	 A.I.R. 	 87; Attorney General of Ontario vs The Canada Temperance Federation	 L.R. 78 I.A. 10; Phanindra Chandra Neogy vs The King	 ; ; State of Bombay vs The United Motors (India) Ltd.; 	 ; Maganlal Chhagganlal (P) Ltd. vs Municipal Corporation of Greater Bombay & Ors.	 ; ; Lt. Col. Khajoor Singh vs The Union of India & Anr.	 ; ; Keshav Mills Compa ny vs Commissioner of Income Tax; 	 	 921; Sajjan Singh vs State of Rajasthan	 ; 	 947948; Girdhari Lal Gupta vs D.H. Mill; 	 ; Pillani Investment Corporation Ltd. vs I.T.O. 'A ' Ward	 Calcutta & Ant.	 ; ; Ganga Sugar Company vs State of Uttar Pradesh; 	 	 782; Javed Ahmed Abdul Hamid Pawala vs State of Maharashtra	 ; T.V. Vatheeswaran vs The State of Tamii Nadu	 ; Sher Singh & Ors. vs State of Punjab	 ; ; Triveniben vs State of Gujarat	 AIR 1989 SC 142; John Martin vs The State of West Bengal	 ; ; Haradhan Saha vs State of West Bengal	 ; ; Bhut Nath Mate vs State of West Bengal; 	 ; Mattulal vs Radhe Lal	 ; ; Acharaya Maharajshri Narandraprasadji Anandprasadji Maharaj etc. vs The State of Gujarat & Ors.	 ; ; Union of India & Ors. vs Godfrey Philips India Ltd.	 ; ; Jit Ram vs State of Haryana	 ; ; Motilal. Padampat Sugar Mills vs State of U. P.;