Constitution Bench of Supreme Court rules, judgment delivered by larger bench to prevail irrespective of number of judges in majority

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A Constitution Bench of the Supreme Court today ruled that a judgment delivered by a larger bench will prevail irrespective of the number of judges constituting the majority. To illustrate, the judgment of a 7-judge bench delivered with 4:3 majority will prevail over a unanimous 5-judge bench.

A 5-judge bench comprising Justices Indira Banerjee, Hemant Gupta, Surya Kant, M. M. Sundresh and Sudhanshu Dhulia gave this ruling while deliberating upon the case of Trimurthi Fragrances (P) Ltd versus Govt of NCT of Delhi.