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march 1975

Supreme Court of India · 1975-03-04

MAMLESHWAR PRASAD & ANR vs KANAHAIYA LAL (DEAD) THROUGH L.Rs.

Citation / case number
SC 1968/60462
Court
Supreme Court of India
Petitioner
MAMLESHWAR PRASAD & ANR
Respondent
KANAHAIYA LAL (DEAD) THROUGH L.Rs.
Author
V.R. KRISHNAIYER
Bench
V.R. KRISHNAIYER

Judgment text excerpt

The Supreme Court addressed the jurisdiction of Civil courts under the Delhi Land Reforms Act in relation to four appeals with identical facts and law. The Court held that a prior decision, rendered on the same issues, binds subsequent cases unless it is shown to be a judgment per incuriam due to a significant oversight, which was not established in this instance. The Court rejected the appellants' claim that the earlier judgment was not binding, affirming that litigants cannot benefit from selective adherence to judicial decisions.

MAMLESHWAR PRASAD & ANR vs KANAHAIYA LAL (DEAD) THROUGH L.Rs. · Niyam