Overrule a Division Bench and that a Full Bench must consist of three or more Judges

With regard to powers of Full Bench of High Court, Bombay High Court in the case of Emperor v. Ningappa Ramappa Kurbar (A.I.R. 1941 Bombay 408), observed as follows:

"There seems to be very little authority on the powers and constitution of a Full Bench. There can be no doubt that a Full Bench can overrule a Division Bench and that a Full Bench must consist of three or more Judges; but it would seem anomalous to hold that a later Full Bench can overrule an earlier Full Bench, merely because the later bench consists of more Judges than the earlier. If that were the rule, by a majority of four to three, could overrule a unanimous decision of a bench of six Judges, though all the Judges were of co-ordinate jurisdiction. 

In Enatullah v. Kowsher Ali, ILR 54 Calcutta 266 : (A.I.R. 1926 Calcutta 1153) (SB) Sanderson, C.J., stating the practice in Calcutta, seems to have been of opinion that a decision of a Full Bench could only be reversed by the Privy Council or by a bench specially constituted by, the Chief Justice."

Used in Judgement of
Lahore High court
WP- Criminal Proceeding
9027-17
2018 LHC 1465