Ignoring the law laid down by a binding precedent and taking a view totally contrary to the same itself would amount to a material error, manifest on the face of the order. Ignoring the judgment of the Constitution Bench would undermine its soundness

(i) As already discussed herein above, except the cursory reference in paragraph 11 in the JUR, this Court has not even referred to the ratio laid down by the Constitution Bench of this Court in paragraph 5 in Bhagat Ram & others vs. State of Punjab & others (AIR 1967 SC 927). No law is required to state that a judgment of the Constitution Bench would be binding on the Benches of a lesser strength. Bhagat Ram has been decided by a strength of Five Learned Judges, this Court having a bench strength of two Learned Judges could not have ignored the law
laid down by the Constitution Bench in paragraph 5 in Bhagat Ram.

(ii) We find that ignoring the law laid down by the Constitution Bench of this Court in Bhagat Ram and taking a view totally
contrary to the same itself would amount to a material error, manifest on the face of the order. Ignoring the judgment of the
Constitution Bench, in our view, would undermine its soundness. The review could have been allowed on this short ground alone.