Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Bihar and West Bengal (Transferred Territories) Act 1956 Practice & Procedure West Bengal Land Reforms Act 1955 Duty to follow direction/ judgment of superior Court |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Practice & Procedure - Duty to follow direction/ judgment of superior Court - Land in question transferred from the State of Bihar to the State of West Bengal pursuant to the enactment of 1956 Act and the provisions of West Bengal Land Reforms Act were extended to the transferred territories - Consequently, land in question shown to have been vested in the State of West Bengal - Appellant challenged the order of vesting by filing a writ petition - Writ petition allowed by the High Court - Order not challenged and attained finality - On basis of said order of High Court, the appellants moved application before the Land Tribunal for correction of revenue record - Tribunal dismissed the application on the ground that the decision of High Court in Gangadhar Singh's case was binding precedent and the earlier judgment of the High Court was no longer a good law - Appellants challenged the order of Tribunal by filing writ petition - High Court relying on the decision in Gangadhar Singh's case dismissed the writ petition - Propriety of- Held: Not proper- The tribunal had no jurisdiction to differ with the decision given by High Court in the writ petition filed by the appellants - When judgment rendered by High Court in the case of appellants and the said decision having not been quashed or set aside by a larger bench of the High Court or by the Supreme Court, the tribunal ought not to have refused to follow the order of High Court - Tribunal directed to follow the decision of High Court decided in the case of appellants West Bengal Land Reforms Act, 1955- s. 14-T(3), Chapter A 11-8 - Bihar and West Bengal (Transferred Territories) Act, 1956. |
Judge | Hon'ble Mr. Justice M.Y. Eqbal |
Neutral Citation | 2014 INSC 733 |
Petitioner | Pradeep Kumar Maskara And Others |
Respondent | State Of West Bengal And Others |
SCR | [2014] 13 S.C.R. 540 |
Judgement Date | 2014-10-17 |
Case Number | 9844-46 |
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