Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Provision of the Bihar Consolidation of Holdings and Prevention of Fragmentation Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Constitution of India, 1950; Articles 13 and 14/ Bihar Consolidation ofHoldings and Prevention of Fragmentation Act, 1956; Sections 3, 4(b) and(c), 15(/) and (2) and Section 37:Provision of the Bihar Consolidation of Holdings and Prevention ofFragmentation Act-Constitutionality of-Full Bench/three Judge Bench ofHigh Court holding Section 15 of the Act ultra vires Articles 13 and 14 of theConstitution of India-It also diluted the effect of the provisions of Section4(b)(c) and Section 37 by enlarging jurisdiction of Civil Court under the Act,ignoring an earlier decision of the Full Bench of the High Court on the sameissue as having been rendered per incuriam-On appeal, Held: Earlier decisionmay seem to be incorrect to a subsequent Bench of co-ordinate jurisdiction onground of non-consideration of possible aspects of the matter-However, itwould not be reasonable to ignore the same as rendered per incuriam-Hencenot permissible-Such earlier decision would have binding effect-It would beappropriate either to follow it or refer it to a larger Bench when decisionappears to be incorrect on merit-Matter remanded to the High Court todispose it of accordingly-Directions issued.Words and Phrases:'per incuriam '-Meaning and scope of |
Judge | Hon'ble Mr. Justice Brijesh Kumar |
Neutral Citation | 2003 INSC 257 |
Petitioner | State Of Bihar |
Respondent | Kalika Kuer @ Kalika Singh And Ors. |
SCR | [2003] 3 S.C.R. 919 |
Judgement Date | 2003-04-25 |
Case Number | 5654 |
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