Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Kerala Land Reforms Act 1963 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Kerala Land Reforms Act, 1963 (1 of 1964) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Tenancy and Land Laws : Kerala Land Reforms Act, 1963 as amended in 1969 : Sections 85(9), 85(1) 85(5) and 2(56-A) - Power of Taluk Land Board in setting aside its own orders - Scope of - Question regarding surplus land under the Act settled by the High Court between the parties in an earlier case - No appeal filed by the State - Within one year of the judgment, the law was changed by way of another decision of the High Court - Board issued notice to the appellant under Section 85(9) seeking to open the proceedings - proceedings dropped by the Board on the plea of the appellant that the issue settled inter parties by way of the earlier order of the High Court which was not challenged by the State - Held, provision of Section 85(9) intended to empower the Board to correct errors in its orders and not to upset any competent court's judgement, order or decree which had become final between the parties - To hold otherwise would amount to vesting power in the Board to reopen any proceedings at any time disposed of finally by a competent court - The result would be unsetting of the settled position between parties and would also go against judicial discipline. Section 85(9) - Res Judicata - Power of Taluk Land Board to set aside its own order and proceed afresh - Board may not set aside an order passed in pursuance of directions of the High Court because so doing the Board may only be complying with the order to the High Court - To vest jurisdiction in the Board to set aside such an order would be to permit the Board interfere with a decision of the High Court which had attained finality inter-parties - Civil Procedure Code, 1908, Section 11. |
Judge | Hon'ble Mr. Justice D.P. Mohapatra |
Neutral Citation | 1999 INSC 226 |
Petitioner | Vallapally Plantations Pvt. Ltd. |
Respondent | State Of Kerala |
SCR | [1999] 2 S.C.R. 1091 |
Judgement Date | 1999-05-06 |
Case Number | 198 |
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