P.N.Mookerjee, J. - (1.) A simple question "whether a Rule Nisi should issue in the instant case" has assumed intriguing importance. The Rule was refused by our learned brother Banerjee, J., and on appeal, G. K. Mitter and Laik, JJ., differed, the former holding that Banerjee, J. was right in refusing the Rule, the latter holding the contrary . This difference led to the present reference, presumably under Clause 36 of the Letters Patent, and, apparently, the importance of the matter impressed the learned Chief Justice to constitute eventually a Special Bench -- this Bench of three Judges, -- to hear and determine the reference.
(2.) The constitution of the Special Bench and the reference were made by the following order of the learned Chief Justice : "Let this matter be placed for disposal before a Bench consisting of: Mr. Justice P. N. Mookerjee, Mr. Justice Sankar Prasad Mitra and Mr. Justice R. N. Dutt." Following upon a minuted order of the Appeal Court (G. K. Mitter and Laik, JJ.) in the wake of their differing judgments, that minuted order running as follows: "As there has been a difference of opinion between us, the matter will be placed before the learned Chief Justice to be dealt with according to law."
(3.) I have set out above the relevant orders, on which are founded this instant reference and the Constitution of this Special Bench for the hearing and determination of the same, with a view to study them in the context of Clause 36 of the Letters Patent, to which ultimately one must turn in such matters for necessary legal sanction and for ascertaining the scope of the reference and the extent and implication of the authority of the Bench, constituted to hear and determine the same.;