RELIANCE INDUSTRIES LIMITED Vs. PRAVINBHAI JASBHAI PATEL
LAWS(SC)-1997-8-34
SUPREME COURT OF INDIA (FROM: GUJARAT)
Decided on
August 29,1997
RELIANCE INDUSTRIES LTD.
Appellant
VERSUS
Pravinbhai Jashbhai Patel And Ors.
Respondents
Cited Judgements :-
V.K. ANAND VS. UNION OF INDIA [LAWS(DLH)-2009-9-282] [REFERRED TO]THOTAKURA RAVINDRA BABU VS. THOTAKURA SESHAGIRI RAO [LAWS(APH)-2002-1-79] [REFERRED TO]
MOHAMMAD ANWAR VS. SHABBIR AHMAD [LAWS(ALL)-2013-4-157] [REFERRED TO]
BALACHANDRA VIGNESHWARA DIXIT UTTARA KANNADA DISTRICT VS. H S SRIKANTA BABU [LAWS(KAR)-2010-3-136] [REFERRED TO]
SITA RAM BIJPURIYA VS. STATE OF U.P. AND OTHERS [LAWS(ALL)-2012-10-264] [REFERRED TO]
KHAN CHANDRA AND ORS. VS. GIRISH CHANDRA SHARMA AND ORS. [LAWS(ALL)-2012-9-303] [REFERRED TO]
SALAHUDDIN QURESHI VS. NASIM AIJAZ [LAWS(ALL)-2012-8-311] [REFERRED TO]
LALA RAM NARAIN VS. XTH ADDITIONAL DISTRICT JUDGE [LAWS(ALL)-2012-7-325] [REFERRED TO]
RUSTAM VS. DEPUTY DIRECTOR OF CONSOLIDATION [LAWS(ALL)-2016-8-355] [REFERRED TO]
DAULAT RAM SHARMA VS. STATE OF U.P. AND ORS. [LAWS(ALL)-2015-4-298] [REFERRED TO]
MANGAT RAM VS. SIMBHAWALI SUGAR MILLS LIMITED [LAWS(ALL)-2014-11-419] [REFERRED TO]
BABU LAL VS. LABOUR COURT JODHPUR [LAWS(RAJ)-2003-3-31] [REFERRED TO]
MALTHESH GUDDA POOJA VS. STATE OF KARNATAKA [LAWS(SC)-2011-10-35] [REFERRED TO]
GOVERNMENT OF ANDHRA PRADESH VS. PRATAP KARAN AND OTHERS [LAWS(SC)-2015-10-22] [REFERRED TO]
NIRAMAL KUMAR JAIN VS. SPECIAL JUDGE/ADDL. DISTRICT JUDGE, MATHURA & OTHERS. [LAWS(ALL)-2012-10-265] [REFERRED TO]
SHIV CHARAN VS. KM. NIRJA AND OTHERS [LAWS(ALL)-2012-9-324] [REFERRED TO]
ASHOK KUMAR SINDHI VS. SATISH CHANDRA SRIVASTAVA AND ANOTHER [LAWS(ALL)-2012-8-290] [REFERRED TO]
PRAKASH CHANDRA AND OTHERS VS. XIIND A.D.J. AND ANOTHER [LAWS(ALL)-2013-1-463] [REFERRED TO]
KSHETRIMAYUM IBOHAL SINGH VS. STATE OF MANIPUR [LAWS(GAU)-2005-9-21] [REFERRED TO]
MEHTAB JAHAN VS. STATE OF U.P. [LAWS(ALL)-2014-8-559] [REFERRED TO]
POORAN CHAND VS. OM PRAKASH [LAWS(ALL)-2014-5-365] [REFERRED TO]
RAMESH KUMAR JAISWAL VS. STATE OF U.P. [LAWS(ALL)-2014-7-199] [REFERRED TO]
RAMESH CHANDRA VS. SHYAM JI MISRA [LAWS(ALL)-2014-7-270] [REFERRED TO]
ROMAN CATHOLIC DIOCESE PRIVATE LIMITED VS. ADDL. DISTRICT JUDGE ROOM NO. 13 [LAWS(ALL)-2014-7-325] [REFERRED TO]
PRABHAT CHANDRA TANDON VS. RADHEY SHYAM JAIN [LAWS(ALL)-2014-3-241] [REFERRED TO]
CHHEDI LAL GUPTA VS. DISTRICT JUDGE [LAWS(ALL)-2014-3-265] [REFERRED TO]
MOHD. HASHIM VS. JYOTSANA PURWAR [LAWS(ALL)-2013-1-459] [REFERRED TO]
SAHAZAVIN VS. ADDL. DISTRICT JUDGE [LAWS(ALL)-2013-1-292] [REFERRED TO]
KISHORE KUMAR MISHRA & OTHERS VS. ADDL. DISTRICT JUDGE, AGRA & OTHERS [LAWS(ALL)-2014-12-375] [REFERRED TO]
CHANDRA PAL GUPTA VS. MATHURA DUTT PANT [LAWS(ALL)-2012-12-249] [REFERRED TO]
SMT. SHASHI GUPTA VS. KISHAN SINGH [LAWS(ALL)-2012-8-274] [REFERRED TO]
MOTI LAL VS. TRUST SRI THAKUR KISHORI RAMAN JI MAHARAJ [LAWS(ALL)-2013-1-199] [REFERRED TO]
SAHKARI GANNA VIKAS SAMITI LTD. VS. RENT CONTROL AND EVICTION OFFICER AND ANR. [LAWS(ALL)-2012-9-293] [REFERRED TO]
MANUBHAI PARAGJI VASHI VS. BAR COUNCIL OF MAHARASHTRA [LAWS(BOM)-2007-2-28] [REFERRED TO]
BIHARI LAL MONKA VS. GOVT OF INDIA [LAWS(PAT)-2000-1-84] [REFERRED TO]
SURESH CHANDRA MISHRA VS. STATE OF U.P. AND ORS. [LAWS(ALL)-2015-8-7] [REFERRED TO]
GOVINDBHAI KAVABHAI MARU VS. STATE OF GUJARAT [LAWS(GJH)-2024-4-144] [REFERRED TO]
RAHUL SHARMA VS. STATE OF U.P. [LAWS(ALL)-2021-1-185] [REFERRED TO]
NEW INDIA ASSURANCE CO LTD VS. PREMLATA [LAWS(RAJ)-2003-1-4] [REFERRED TO]
JAGVEER VS. STATE OF U.P. [LAWS(ALL)-2022-6-51] [REFERRED TO]
SHAYESTA KHAN & ANOTHER VS. STATE OF U P & OTHERS [LAWS(ALL)-2016-7-180] [REFERRED]
K.K.KHOSLA VS. ADDL. DISTRICT JUDGE XIV LUCKNOW [LAWS(ALL)-2013-2-29] [REFERRED TO]
KAILASH NATH VS. XTH ADDITIONAL DISTRICT JUDGE [LAWS(ALL)-2013-1-195] [REFERRED TO]
SUNDER LAL TIWARI VS. PRAMOD KUMAR DIXIT [LAWS(ALL)-2013-1-272] [REFERRED TO]
HARI BHAGWAN AGARWAL VS. KASIM ALI KHAN [LAWS(ALL)-2013-1-469] [REFERRED TO]
SHYAM LAL JAIN VS. ROHIT KUMAR JAIN [LAWS(ALL)-2012-9-273] [REFERRED TO]
JALIL AHMED (D) THROUGH L.RS. VS. XVITH ADDITIONAL DISTRICT JUDGE AND OTHERS [LAWS(ALL)-2012-7-357] [REFERRED TO]
NAZAMA HASHMI VS. JAMAL AHMAD KHAN [LAWS(ALL)-2012-11-94] [REFERRED TO]
LAXMI KANT BHATNAGAR VS. DISTRICT JUDGE, MUZAFFARNAGAR [LAWS(ALL)-2012-11-25] [REFERRED TO]
NASEEMUDDIN SIDDIQUI VS. STATE OF U P [LAWS(ALL)-2012-11-35] [REFERRED TO]
SAGWA SINGH TYAGI VS. ADDITIONAL DISTRICT JUDGE, AND 6 OTHERS [LAWS(ALL)-2014-11-424] [REFERRED]
AJAY KUMAR YADAV VS. AFTAB ALAM [LAWS(ALL)-2014-3-252] [REFERRED TO]
BASANTA AND OTHERS VS. DEPUTY DIRECTOR OF CONSOLIDATION, MEERUT AND OTHERS [LAWS(ALL)-2016-5-430] [REFERRED]
PUKH RAJ VS. STATE OF RAJASTHAN [LAWS(RAJ)-1999-7-59] [REFERRED TO]
RATANLAL NAHATA AND VS. NANDITA BOSE [LAWS(CAL)-1998-6-7] [REFERRED TO]
JAIMIN J DESAI VS. GUJARAT CHAMBER OF COMMERCE AND INDUSTRY [LAWS(GJH)-1999-12-83] [REFERRED TO]
DLF UNIVERSAL LIMITED VS. STATE BANK OF INDIA [LAWS(GJH)-2012-2-101] [REFERRED TO]
RAM SHANKER VS. RAM NARAIN [LAWS(ALL)-2014-4-320] [REFERRED TO]
DIVISIONAL MANAGER, B.S.N.L. LTD VS. APPELLATE AUTHORITY/ DY.TRANSPORT COMMISSIONER [LAWS(ALL)-2014-5-118] [REFERRED TO]
SHIV SHANKER LAL VS. COMMISSIONER AND ORS. [LAWS(ALL)-2012-8-273] [REFERRED TO]
SAROJ KUMAR VS. SURESH CHANDRA [LAWS(ALL)-2012-12-112] [REFERRED TO]
NEELAM NUSRAT AND ORS. VS. GHULAM QADIR AND ORS. [LAWS(ALL)-2014-12-168] [REFERRED TO]
P P BUILDCON PVT LTD VS. CHIEF CONTROLLING REVENUE AUTHORITY [LAWS(ALL)-2014-4-228] [REFERRED TO]
SATENDRA PAL SINGH VS. DWARIKA DAS [LAWS(ALL)-2012-11-59] [REFERRED TO]
MISHRI LAL KARAK VS. DINESH CHANDRA AGARWAL [LAWS(ALL)-2012-10-100] [REFERRED TO]
URDU EDUCATION ASSOCIATION VS. DEPUTY DIRECTOR OF EDUCATION [LAWS(BOM)-2011-3-161] [REFERRED TO]
MOOL KUMAR JAISWAL VS. VIIITH ADDITIONAL DISTRICT JUDGE AND ORS. [LAWS(ALL)-2012-8-293] [REFERRED TO]
SAFIULLAH @ MOHD. SAFI VS. A.D.J., COURT NO. 4, DEORIA AND OTHERS [LAWS(ALL)-2012-8-269] [REFERRED TO]
SIDDH NATH PANDEY VS. STATE OF U.P. [LAWS(ALL)-2022-8-111] [REFERRED TO]
ANNAD KUMAR VS. DINESH KUMAR [LAWS(ALL)-2017-8-39] [REFERRED TO]
MAHESH PAL VS. STATE OF U.P. [LAWS(ALL)-2019-12-239] [REFERRED TO]
SHEKHAR NARAYAN SHETTY VS. MADHAVLAL PITTIE [LAWS(BOM)-2015-5-110] [REFERRED TO]
MALTHESH GUDDA POOJA VS. STATE OF KARNATAKA [LAWS(SC)-2011-11-89] [REFERRED TO]
BRIG.V.K. ANAND VS. UNION OF INDIA [LAWS(DLH)-2009-2-178] [REFERRED TO]
UMA YADAV VS. A D M [LAWS(ALL)-2012-7-164] [REFERRED TO]
ANIL KUMAR VS. XIITH A.D.J., BULANDSHAHR AND OTHERS [LAWS(ALL)-2012-11-194] [REFERRED TO]
KISHOR KANJI PATEL VS. STATE OF GUJARAT [LAWS(GJH)-1998-6-17] [REFERRED]
RAJ NARAIN DUBEY VS. ADDITIONAL DISTRICT JUDGE, UNNAO [LAWS(ALL)-2012-7-333] [REFERRED TO]
USHA RANI VS. URMILA GUPTA [LAWS(ALL)-2012-8-95] [REFERRED TO]
PROF. SALAHUDDIN QURESHI VS. SMT. NASIM AIJAZ [LAWS(ALL)-2012-8-289] [REFERRED TO]
SYED MAHFOOZUL HASNAIN VS. SHAHJAHAN [LAWS(ALL)-2014-8-424] [REFERRED TO]
GOPAL YADAV VS. GULAB CHAND SHARMA [LAWS(ALL)-2014-7-388] [REFERRED TO]
C/M ANJUMAN INTEZAMIA MASAJID, VARANASI VS. RAKHI SINGH [LAWS(ALL)-2023-8-3] [REFERRED TO]
MANZOOR ALAM VS. SAIYAD MAHMOOD ALI [LAWS(ALL)-2018-1-197] [REFERRED TO]
SURESH CHANDRA VS. RADHEY SHYAM AGRAWAL [LAWS(ALL)-2015-4-150] [REFERRED TO]
HEERA CHAND SWAMKAR VS. SRI RADHE SHYAM JEE MAHARAJ VIRAJMAN AND ORS. [LAWS(PAT)-2015-9-154] [REFERRED TO]
ARUN KUMAR GUPTA VS. SANTOSH KUMAR AND 3 OTHERS [LAWS(ALL)-2017-8-299] [REFERRED TO]
GORDHAN RAM VS. STATE OF RAJASTHAN [LAWS(RAJ)-2001-4-125] [REFERRED TO]
USMAN VS. RAJESHWARI [LAWS(ALL)-2024-11-2] [REFERRED TO]
UNION OF INDIA VS. N.S.RATHNAM [LAWS(SC)-2015-7-71] [REFERRED TO]
GUJARAT CHAMBER OF COMMERCE AND INDUSTRY VS. PRAVINBHAI JASHBHAI PATEL [LAWS(GJH)-1999-12-33] [REFERRED TO]
HARI SHANKAR VERMA VS. SHYAM SUNDARI DEVI [LAWS(ALL)-2014-11-35] [REFERRED TO]
MOTIRAM VS. OM PRAKASH BHARADWAJ [LAWS(ALL)-2013-5-419] [REFERRED TO]
IRFAN AHMAD VS. SAHNAZ BANO [LAWS(ALL)-2014-3-225] [REFERRED TO]
KAVITA DHANAK AND ANR. VS. DINESH KUMAR GUPTA AND ORS. [LAWS(ALL)-2012-8-278] [REFERRED TO]
AJAI KUMAR GARG AND OTHERS VS. VITH A.D.J., BAREILLY AND OTHERS [LAWS(ALL)-2012-11-202] [REFERRED TO]
SUKHVIRI DEVI VS. ADDITIONAL DISTRICT JUDGE AND OTHERS [LAWS(ALL)-2012-10-281] [REFERRED TO]
ABDUL RAHMAN (DECEASED BY LRS.) VS. DISTRICT JUDGE, HAMIRPUR (MAHOBA) [LAWS(ALL)-2012-10-222] [REFERRED TO]
JUDGEMENT
S. B. Majmudar, J. -
(1.)Leave granted in Special Leave Petition challenging the judgment and order dated 24th and 25th October 1996 passed by the Division Bench of the High Court of Gujarat in Miscellaneous (Civil) Application No. 1939 of 1995.
(2.)By consent of learned advocates of parties the appeals were taken up for final hearing. In these appeals by special leave the appellant-company has brought in challenge the judgment and order dated 24th and 25th October 1996 passed by the Division Bench of the High Court of Gujarat in Miscellaneous Civil Application No. 1939 of 1995 arising from Special Civil Application No. 770 of 1995. Apart from the merits of the controversy raised by the appellant-company against the aforesaid judgment, it is necessary to note at the outset one important procedural question which arises for consideration in these appeals. It runs as under: When in review proceedings arising out of the decision of the Division Bench of two learned Judges of the High Court rendered in a writ petition under Article 226 of the Constitution of India which is in the nature of original proceedings, the two learned Judges deciding the review petition differ on questions of fact or law, whether a reference to a third learned Judge is required to be made for disposal of the review petition as per the majority opinion of the three learned Judges, or whether on difference of opinion between them on these questions, the petition is required to be dismissed under Order XLVII Rule 6, Code of Civil Procedure, 1908 (CPC for short), keeping the order sought to be reviewed untouched.. As the aforesaid question goes to the root of the matter we thought it fit to hear the learned counsel for the respective parties on this question at the outset.
(3.)Before coming to the grips of the said question it is necessary to note a few introductory facts leading to the present proceedings.
(2.)By consent of learned advocates of parties the appeals were taken up for final hearing. In these appeals by special leave the appellant-company has brought in challenge the judgment and order dated 24th and 25th October 1996 passed by the Division Bench of the High Court of Gujarat in Miscellaneous Civil Application No. 1939 of 1995 arising from Special Civil Application No. 770 of 1995. Apart from the merits of the controversy raised by the appellant-company against the aforesaid judgment, it is necessary to note at the outset one important procedural question which arises for consideration in these appeals. It runs as under: When in review proceedings arising out of the decision of the Division Bench of two learned Judges of the High Court rendered in a writ petition under Article 226 of the Constitution of India which is in the nature of original proceedings, the two learned Judges deciding the review petition differ on questions of fact or law, whether a reference to a third learned Judge is required to be made for disposal of the review petition as per the majority opinion of the three learned Judges, or whether on difference of opinion between them on these questions, the petition is required to be dismissed under Order XLVII Rule 6, Code of Civil Procedure, 1908 (CPC for short), keeping the order sought to be reviewed untouched.. As the aforesaid question goes to the root of the matter we thought it fit to hear the learned counsel for the respective parties on this question at the outset.
(3.)Before coming to the grips of the said question it is necessary to note a few introductory facts leading to the present proceedings.
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