Facts of the Case
An appeal is posted for hearing before a Division Bench consisting of two judges. After hearing arguments and examining the record, the two judges differ from each other on the decision of the appeal and deliver separate and conflicting opinions. Due to the absence of a majority, the court is unable to pronounce a single conclusive judgment on the appeal.
Issues in the Case
- What is the legal effect when two judges of a Division Bench differ in their opinions?
- Whether the appeal stands allowed or dismissed due to such difference.
- What procedure should be followed to resolve the deadlock.
Legal Principles Covered
Under Indian jurisprudence, a judicial decision must be supported by a majority opinion. When a Division Bench of two judges differs, there is no majority decision.
In such cases, the settled principle is that the judgment appealed against remains operative, and the appeal cannot succeed merely due to a split opinion. Procedural law also provides a mechanism to avoid injustice by allowing the matter to be referred to a third judge or a larger bench, whose majority opinion then becomes the binding decision.
This principle ensures judicial certainty, consistency, and fairness in appellate proceedings.
Possible Judgement
If the two judges differ and no reference is made to a third judge, the appeal shall fail, and the decision of the lower court shall stand affirmed. However, to avoid such a deadlock and ensure justice, the proper course is to refer the matter to a third judge or a larger bench, whose majority view will finally decide the appeal.
About Lawgnan
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