UNION OF INDIA Vs. THE ELPHINSTONE SPG. WEAVING MILLS LTD. ETC. ETC.
LAWS(SC)-1985-1-35
SUPREME COURT OF INDIA
Decided on January 17,1985

UNION OF INDIA Appellant
VERSUS
The Elphinstone Spg. Weaving Mills Ltd. Etc. Etc. Respondents

JUDGEMENT

- (1.) We have heard learned counsel for the parties for some time and, although at first it appeared to us that this Bench of three judges could proceed to hear the case to its ultimate conclusion, we find now that some of the questions raised in this case in particular interim questions as, to the interpretation of Clause (b) of Art. 31A an Art. 31C and clause (b) and (c) of Art. 39 of the Constitution raise substantial questions of law as to the interpretation of the Constitution and that, therefore, it is necessary pursuant to clause 3 of Art. 145 of the Constitution that the case be heard by a Bench of not less than five Hon'ble judges of this Court. It may be that having regard to some of the decisions already rendered by this Court, the Bench which may hear this case may have to be constituted of more than five judges. Let the papers of this case be laid before the Hon'ble Chief Justice of India for the Constitution of an appropriate Bench. Liberty to apply to the Hon'ble the Chief Justice for an urgent date in this matter.
(2.) The C.M.Ps. be listed on Tuesday, January 22, 1985.
(3.) Civil Appeals Nos. 3067 of 1984, 3017 of 1984, 3565 of 1984 and C.A.No. of 1984 shall be listed tomorrow for hearing immediately after the miscellaneous cases.;


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