...D.K Jain, J. (for Kapadia, C.J, himself, Misra and Gogoi, JJ.)— In exercise of powers conferred under Article 143(1) of the Constitution of India, the President of India has on 12-4-2012, made the pre...has pronounced its authoritative opinion on the question of law now sought to be raised. The learned counsel argued that reference under Article 143(1) of the Constitution does not entail appellate or..., the learned counsel urged that a reference under Article 143(1) of the Constitution for opinion has to be on a specific question or questions. It was asserted that by reason of the construction of the...

...The Opinion of the Court was given byA.N Ray, C.J— This Reference has been made by the President under Article 143(1) of the Constitution of India for the opi...143 stipulates a general doubt about the Constitution and not doubts of parties.37. This Court is bound by the recitals in the order of Reference. Under Article 143(1) we...authority making the reference. This Court cannot go behind the recital. This Court cannot go into disputed questions of fact in its advisory jurisdiction under Article 143(1).38. The Fe...

...interpretation of this Constitution or for the purpose of hearing any reference under Article 143 shall be five:Provided that, where the Court hearing an...)***(2) Subject to the provisions of clause (3), rules made under this article may fix the minimum number of Judges who are to sit for any purpose, and may provide for the powers of Sin...appeal under any of the provisions of this chapter other than Article 132 consists of less than five Judges and in the course of the hearing of the appeal the Court is satisfied that the appeal involves...

...-1993 for acquisition of 67.703 acres of land in the Ram Janma Bhoomi-Babri Masjid complex. A Reference to the Supreme Court under Article 143 of the Constitution was also made on the same day. Copy of the Ordinanc..., later replaced by Act No. 33 of 1993 and the Special Reference under Article 143(1) of the Constitution of India were made simultaneously the same day on 7-1-1993. It would be appropriate at this stage to...quote, in extenso, the Statement of Objects and Reasons for this enactment, the said Act No. 33 of 1993 and the Special Reference under Article 143(1) of the Constitution...

...reference under Article 143 shall be five:Provided that, where the Court hearing an appeal under any of the provisions of this Chapter other than...question of law as to the power retained by a Bench that initially makes a reference to a Constitution Bench in terms of Article 145(3). A further question that arises is whether a reference in terms of...referred to a Constitution Bench under Art. 145(3).Article 145(3) of the Constitution reads:“145.(3) The...

...Y.V Chandrachud, C.J (for himself, Bhagwati, Sarkaria and Fazal Ali, JJ.).— On August 1, 1978, the President of India made a reference to this Court under Article 143(1) of the Constitution ...a reference is made by the President under Article 143(1) of the Constitution, a specific question or questions are referred for the opinion of this Court. Our attention was finally drawn to a judgment of the Canad.... Article 143 of the Constitution under clause (1) of which the President has made this reference to the Supreme Court reads as follows:“143. (1) If at any time it...

...challenge to the Order of the Election Commission dated 16-8-2002 which is inappropriate in a Reference under Article 143.3. In support of the aforesaid...AIR 1958 SC 956, 1959 SCR 995 it was urged that since the Bill introduced in the Legislative Assembly has been referred to under Article 143 an...it. Though questions of fact have not been referred to this Court in any of the six references made under Article 143(1), that article empowers the President to make a reference even on questions of...

...purpose of hearing any reference under Article 143 shall be five. The High Court had not certified that the cases involved a substantial question of law as to the interpretation of the Constitution and...Constitution. We cannot therefore, treat the certificate as one under Article 132 of the Constitution. On the other hand the High Court has certified that the case involves a substantial question of law of..., therefore, was clearly one under Article 133 of the Constitution. We are mentioning these circumstances because at the very commencement, our attention was invited to Article 145(3) of the...

...Corporation. " In its opinion under Special Reference under Article 143 of the Constitution (rendered on 27th September, 2012), the Supreme Court stated the position in law...Mr. G. George Paracken, Member (J) MA-2301/2015 This M.A. has been filed by the applicants for joining together under Rule-4(5) of Central Administrative Tribunal...operative part of the said order reads as under:- 12. The principle of finality has been described in several judgments as one whereby even the overruling of a decision would only revise the...

...Das, C.J— This reference has been made by the President under Article 143(1) of the Constitution of India for the opinion of this Court on certain questions of law of...discretion in the matter and may in a proper case and for good reasons decline to express any opinion on the questions submitted to it. In view of the language used in Section 213(1), on which Article 143(1) of our Constitution is b....”4. The present reference is the second of its kind under Article 143(1) of the Constitution, the first one being concerned with the In Re Delhi Laws Act, 1912....

...reference under Article 143 shall be five. It is clear that no substantial question of law as to the interpretation of the Constitution arises in the present case as the very question raised has been...1315 1960 SCR (1) 285 ACT: Criminal Trial-Entry into India without passport-Conviction -Interpretation of statute and rules-Reference to constitutional Bench.... 286 1959. May 14. The Judgment of the Court was delivered by lMAM J.-The appellant was convicted under r.6(a) of the Indian...

...interpretation of the Constitution or for the purpose of hearing an> reference under Article 143 shall be five. Learned counsel drew our attention to Order VII, Rules (1) and (2) of the Supreme Court...counsel lor the appellants drew our attention to the provisions of Article 145, clauses (2) and (3) of the Constitution of India. Clause (2) empowers the making of rules to fix the minimum number of Judges...the reference in this case did not over-rule the judgment of three learned Judges in the case of Nityananda Kar, as they could have, on the basis of an earlier Constitution Bench judgment (which...

...by a Constitution Bench of this Court on a Presidential Reference under Article 143 of the Constitution involving Cauvery Water Disputes Tribunal, Re 1993 Supp (1) SCC 96...Altamas Kabir, J.— The State of Orissa has filed this writ petition under Article 32 of the Constitution of India, wherein the Government of India has been made Respondent 1....”17. In this regard, reference may also be made to Article 262 of the Constitution of India, which provides as follows:“262. Adjudication of...

...of deciding any case involving a substantial question of law as to the interpretation of this Constitution or for the purpose of hearing any reference under Article 143 shall be five...any reference under Article 143 shall be five:Provided that, where the court hearing an appeal under any of the provisions of this Chapter other than...effect that four points of law raised in the case and formulated by him in his order were fit for the consideration of this Court in appeal under Article 134 of the Constitution of India. A petition...

...purpose of hearing any reference under Article 143 should be five. Mr. Chandiok submits that even though there is no similar provision in respect of High Courts, the present petition should be placed...petitioner has argued this application at some length. The petitioner has moved the application with the prayer that pending the consideration of this petition, all FIRs registered under Section 4 of...a direction to the Commissioner of Police to restrain him from registering FIRs alleging the commission of offence under Section 4 of the aforesaid Act during the pendency of the writ petition...

...hearing a reference under Article 143 shall be five. The proviso to Article 145(3) is as follows:“Provided that, where the Court hearing an appeal under any of th...section thereof are afforded constitutional protection under Article 26.5.7. (vii) What would be the permissible extent of judicial recognition to PILs in...for review was made out. The fresh writ petitions filed under Article 32 of the Constitution were also dismissed as not maintainable.7. This Bench of nine Judges was...

...which related to the exchange of certain enclaves but with which we are not concerned. The President of India made a reference to this Court under Article 143(1) of the Constitution for its advisory opinion. The op...A.N Grover, J.— This is an appeal from a judgment of a learned Single Judge of the Calcutta High Court who granted a certificate under Article 132(1) of the Constitution. It...Union of India and would, therefore, attract the provisions of Article 31 of our Constitution.2. At the outset it may be mentioned with reference to a preliminary objection...

...P.B Sawant, J.— On July 27, 1991 the President, under Article 143 of the Constitution, referred to this Court three questions for its opinion. The Reference reads as follows...contentions, it is necessary to note certain features of the Reference which are also alluded to in the contentions of the parties. The Reference is made under Article 143(1) of the Constitution of India s...be disturbed in proceedings arising out of a Reference under Article 143(1) of the Constitution. If the question of grant of interim relief forms part of the Reference, the Tribunal is duty-bound to...