(1.) THE Judgments of the court were delivered by
(2.) WE have had the benefit of going through the two judgments of our learnedBrothers B.P. Jeevan Reddy and S. Mohan, JJ. WE are in agreement with thejudgment of Brother B.P. Jeevan Reddy, J. except to the extent indicated below.
(3.) HAVING given our anxious consideration to the arguments in favourof and against the question aforementioned, we are of the view that weshould follow the well-established principle of not proceeding to decide any664 question which is not necessary to be decided in the case. We, therefore, donot express any opinion upon this question except to hold that the findinggiven in Mohini Jain case on this question was not necessary in that caseand is, therefore, not binding law. We are of the view that if it becomesnecessary to decide this question in any subsequent case then, for thereasons set out above and having regard to its vast impact, inter alia on thecountry's financial capacity, the question may be referred to a larger benchfor decision.