Introduction to Law and Legal Systems

2023 –2024

Worksheet: Session 10
These questions relate to the judgment of a constitution bench of the Supreme Court in M/S
Trimurti Fragrances (P) Ltd v. Government of NCT Delhi & Ors, in Civil Appeal No. 8486 of
2011 (SC), that you were expected to read ahead of this class. Attempt the following questions,
we will discuss your answers later in the class.

1. What is the court’s formulation of the issues before it? Examine the effectiveness of its
formulations against the four precepts that Twining and Miers outline as necessary in
order for a formulation of an issue to not be defective.

2. How does the court decide the first question before it? Why does it do so?

3. For which of the following benches does the case in Trimurti Fragrances serve as
binding precedent? Give reasons for your answer.
A. Chief Metropolitan Magistrate Court, Bengaluru
B. A seven-judge bench of the Kerala High Court
C. A full bench of the Supreme Court
D. A five-judge bench of the Supreme Court

4. Given that the Court in Trimurti Fragrances has relied on a judgment of a full bench of
the Gujarat High Court in State of Gujarat v Gordhandas Keshavji Gandhi and Ors, can
we hold that the minority opinion in that judgment is now binding precedent on a division
bench of the Supreme Court? Why or why not?
5. Consider J. Hemant Gupta’s opinion:
A. What does J. Gupta do in his opinion?
B. How does it impact the ratio of the case on the question of the principle of numerical
strength, and the manner in which the case will serve as a precedent for future cases.

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