MAMLESHWAR PRASAD Vs. KANHAIYA LAL DEAD
LAWS(SC)-1975-3-11
SUPREME COURT OF INDIA (FROM: DELHI)
Decided on March 04,1975

MAMLESHWAR PRASAD Appellant
VERSUS
KANHAIYA LAL Respondents


Referred Judgements :-

BENGAL IMMUNITY COMPANY LIMITED VS. STATE OF BIHAR [REFERRED TO]



Cited Judgements :-

STATE OF KERALA VS. K. SANKARAN NAIR [LAWS(KER)-1993-2-83] [REFERRED TO]
JABALPUR BUS OPERATORS ASSOCIATION VS. STATE OF MADHYA PRADESH [LAWS(MPH)-2002-12-33] [REFERRED TO]
ASSISTANT EXECUTIVE ENGINEER VS. SUSHEELABAI W/O NINGAPPA KUMBAR [LAWS(KAR)-2012-7-512] [REFERRED]
V.P. ANAND AND SONS AND ANR. VS. STATE OF U.P. AND ANR. [LAWS(ALL)-1976-4-68] [REFERRED TO]
LAXMI NARAYAN SAHU VS. UNION OF INDIA [LAWS(GAU)-2018-12-94] [REFERRED TO]
JYOTSNA NALINIKANT KILACHAND VS. NANDLAL KILACHAND INVESTMENT PRIVATE LIMITED [LAWS(BOM)-1993-2-87] [REFERRED TO]
ANJUMAN SIDDIQUIA JAMIA NOORUL OLOOM VS. STATE OF U. P. [LAWS(ALL)-2023-9-78] [REFERRED TO]
REGISTRAR OF COMPANIES VS. KAMAL INFOSYS LTD [LAWS(ALL)-2005-3-197] [REFERRED TO]
MUMTAZ MEHBOOB MUNSHI VS. COMMISSIONER OF CUSTOMS (PORT), KOLKATA [LAWS(CAL)-2023-4-162] [REFERRED TO]
STATE OF MIZORAM VS. BHAGHEERATHA ENGINEERING LTD [LAWS(GAU)-2009-7-24] [REFERRED TO]
SUNITHA VENKATRAM AND ORS. VS. DIVYA RAYAPATI [LAWS(MAD)-2015-3-446] [REFERRED TO]
HER HIGHNESS SHANTADEVI PRATAPSINHRAO GAEKWAD VS. SAVJIBHAI H PATEL [LAWS(GJH)-1998-6-4] [REFERRED TO]
JHARKHAND STATE ELECTRICITY BOARD, VS. SUBHASH CHANDRA UPADHYAY, SON OF RAJESHWAR UPADHYAY [LAWS(JHAR)-2020-5-32] [REFERRED TO]
SANJAY KUMAR AGARWAL VS. STATE TAX OFFICER [LAWS(SC)-2023-10-91] [REFERRED TO]
RAMAKANTA SAHU VS. STATE OF ODISHA AND OTHERS [LAWS(ORI)-2017-12-80] [REFERRED TO]
THE DIRECTOR, FRANCIS J. PALLAN & OTHERS VS. HAJI ABDULLA HAJI ADAM SAIT CHARITABLE ENDOWMENT & OTHERS [LAWS(KER)-2018-1-429] [REFERRED TO]
RAMAN LAL VS. STATE OF RAJASTHAN [LAWS(RAJ)-2000-4-82] [REFERRED TO]
STATE OF BIHAR THROUGH THE SECRETARY-CUM-COMMISSIONER VS. SHIV NATH RAM [LAWS(PAT)-2013-7-5] [REFERRED TO]
RAKESH SARMA VS. STATE OF BIHAR [LAWS(PAT)-1996-5-50] [REFERRED TO]
SHIV KUMAR VS. UNION OF INDIA [LAWS(SC)-2019-10-45] [REFERRED TO]
SITARAM VS. TULARAM [LAWS(MPH)-1988-3-1] [REFERRED TO]
STATE OF U.P. VS. NASIM KHAN AND ORS. [LAWS(ALL)-2015-1-186] [REFERRED TO]
SANDHYA SINGH VS. STATE OF U.P. [LAWS(ALL)-2013-8-23] [REFERRED TO]
THE DIST. INSPECTOR OF SCHOOLS, KANPUR AND OTHERS VS. U.P. SECONDARY EDUCATION SERVICES COMMISSION [LAWS(ALL)-1989-12-67] [REFERRED TO]
RANA PRATAP SINGH VS. STATE OF UTTAR PRADESH [LAWS(ALL)-1995-2-126] [REFERRED TO]
LALIT MOHAN SRIVASTAVA VS. DISTRICT JUDGE AND 11 ORS. [LAWS(ALL)-2007-2-288] [REFERRED TO]
MADHUSUDAN BEHERA VS. DISTRICT JUDGE [LAWS(ORI)-2009-3-113] [REFERRED TO]
KAMAL DHAWAN VS. STATE [LAWS(DLH)-1999-9-104] [REFERRED]
GILCO STEELS LTD. VS. STATE OF HIMACHAL PRADESH [LAWS(HPH)-2013-7-6] [REFERRED TO]
DELHI DEVELOPMENT AUTHORITY VS. GODFREY PHILLIPS (I) LTD [LAWS(SC)-2022-5-22] [REFERRED TO]
AMAR KUMAR MAHTO VS. STATE OF BIHAR [LAWS(PAT)-2009-10-5] [REFERRED TO]
MAMTA KUMARI WIFE OF SRI BIJAY KISHORE PRASAD VS. STATE OF BIHAR [LAWS(PAT)-2010-3-270] [REFERRED TO]
KANTA PARIHAR VS. STATE OF RAJASTHAN [LAWS(RAJ)-1997-6-5] [REFERRED TO]
DESRAJ CHELA BABA HAZUR SINGH MAHARAJ VS. ASSOCIATION OF RADHASWAMI DERA BABA BAGGA SINGH AT TARAN [LAWS(RAJ)-2002-7-24] [REFERRED TO]
UDAY KAUSHISH VS. DELHI DEVELOPMENT AUTHORITY [LAWS(DLH)-2024-10-11] [REFERRED TO]
KAMLA KANT DUBE VS. M V UMANG [LAWS(BOM)-1999-12-65] [REFERRED TO]
HARYANA SHEET GLASS LTD VS. UNION OF INDIA [LAWS(GJH)-2010-4-172] [REFERRED TO]
FERRO ALLOYS CORPORATION LTD VS. UNION OF INDIA [LAWS(ORI)-1998-8-49] [REFERRED TO]
VINAY KUMAR KOHLI VS. UNION OF INDIA [LAWS(MPH)-2002-1-1] [REFERRED TO]
SANJAY MANMAL SANGHAVI VS. STATE OF MAHARASHTRA [LAWS(BOM)-1989-7-11] [REFERRED TO]
MILIND VS. STATE OF MAHARASHTRA ALONGWITH INTERVENORS [LAWS(BOM)-1985-9-21] [REFERRED TO]
SRI BIJON MUKHERJEE VS. THE STATE OF WEST BENGAL & ORS. [LAWS(CAL)-2018-7-420] [REFERRED TO]
RAMPUR DISTILLERY AND CHEMICAL CO VS. STATE OF U P [LAWS(ALL)-2004-11-86] [REFERRED TO]
MOSLEMA BIBI VS. ALEYA BIBI [LAWS(CAL)-2015-3-52] [REFERRED TO]
SANJAY SOYA PRIVATE LIMITED VS. NARAYANI TRADING COMPANY [LAWS(BOM)-2021-3-133] [REFERRED TO]
STATE OF RAJASTHAN VS. RAMKISHAN ALIASSUFAN [LAWS(RAJ)-1980-12-10] [REFERRED TO]
MOHAMMAD YUNUS VS. URBAN IMPROVEMENT TRUST JODHPUR [LAWS(RAJ)-1999-6-7] [REFERRED]
STATE OF RAJASTHAN VS. BASANT PRAKASH [LAWS(RAJ)-1999-1-49] [REFERRED TO]
NARMADA BACHAO ANDOLAN VS. STATE OF MADHYA PRADESH [LAWS(SC)-2011-5-36] [REFERRED TO]
AMIT VISHNUPRASAD GAJJAR VS. STATE OF GUJARAT [LAWS(GJH)-2007-7-1] [REFERRED TO]
RANJEET SINGH VS. STATE OF JHARKHAND [LAWS(JHAR)-2012-8-220] [REFERRED TO]
COCHIN COLLEGE VS. AJITH KUMAR K [LAWS(KER)-2014-9-87] [REFERRED TO]
TRILOKI NATH GUPTA VS. SEVENTH ADDL. DISTRICT JUDGE, KANPUR AND ANOTHER [LAWS(ALL)-1983-4-58] [REFERRED TO]
PHILIP JEYASINGH VS. JOINT REGISTRAR OF CO OPERATIVE SOCIETIES CHIDAMBARANAR REGION TUTICORIN [LAWS(MAD)-1992-1-14] [REFERRED TO]
MOHASINIA VS. STATE OF TAMIL NADU [LAWS(MAD)-1993-8-38] [REFERRED TO]
N V S AGRO DERIVATIVES VS. COMMERCIAL TAX OFFICER CIRCLE I NI [LAWS(MAD)-2005-9-3] [REFERRED TO]
S. MANOHAR SINGH VS. S. ARIDAMAN SINGH DHILLON [LAWS(P&H)-2002-10-65] [REFERRED TO]
C GANGA VS. LAKSHMI AMMAL [LAWS(KER)-2008-3-30] [REFERRED TO]
GHANSHYAM VS. D S S S B [LAWS(DLH)-2007-11-58] [REFERRED TO]
STATE OF U P VS. RAMPUR DISTILLERY [LAWS(ALL)-2005-7-62] [REFERRED TO]
J K CONSTRUCTION ENGINEERS AND CONTRACTOR AND SRI S V RANGA REDDY VS. UNION OF INDIA UOI [LAWS(ALL)-2006-2-272] [REFERRED TO]
JITENDRA KUMAR BAJPAI VS. STATE OF UP [LAWS(ALL)-2009-11-25] [REFERRED TO]
FARHAT HUSSAIN AZAD VS. STATE OF U P [LAWS(ALL)-2004-12-80] [REFERRED TO]
LARSEN & TOUBRO LIMITED VS. EXPERION DEVELOPERS PVT. LTD [LAWS(DLH)-2019-12-3] [REFERRED TO]
SIMBHOLI SUGARS LTD VS. STATE OF U P [LAWS(ALL)-2010-4-132] [REFERRED TO]
SIMBHOLI SUGARS LTD VS. STATE OF U P [LAWS(ALL)-2010-4-132] [REFERRED TO]
SHOBHANA TRADERS PVT. LTD VS. EAST INDIA HOTELS LIMITED [LAWS(CAL)-1997-9-37] [REFERRED TO]
INDORE DEVELOPMENT AUTHORITY VS. SHAILENDRA [LAWS(SC)-2018-2-88] [REFERRED TO]
SHAW WALLACE AND COMPANY LIMITED VS. STATE OF TAMIL NADU [LAWS(MAD)-1987-12-29] [REFERRED TO]
REGIONAL TRANSPORT AUTHORITY JODHPUR VS. SITA RAM [LAWS(RAJ)-1992-10-31] [REFERRED TO]
SUPRIYA DEVI VS. STATE OF BIHAR [LAWS(PAT)-2019-8-222] [REFERRED TO]
BANGALORE WATER SUPPLY AND SEWERAGE BOARD VS. BANGALORE WATER SUPPLY AND SEWERAGE BOARD PENSIONERS ASSOCIATION [LAWS(KAR)-2012-1-10] [REFERRED TO]
G. KRISHNAMOORTHY VS. INSTITUTION OF MECHANICAL ENGINEERS (INDIA) AND ORS. [LAWS(MAD)-2016-1-184] [REFERRED TO]
THALAPATHI PARTHIBAN VS. SUPERINTENDING ENGINEER [LAWS(MAD)-2013-7-389] [REFERRED]
GLOBAL WASTE RECYCLERS LTD VS. GOVERNMENT OF TAMIL NADU [LAWS(MAD)-2024-4-77] [REFERRED TO]
RAM SURAT MISHRA VS. STATE OF U P [LAWS(ALL)-2013-7-64] [REFERRED TO]
RAM SURAT MISHRA VS. STATE OF U P [LAWS(ALL)-2013-7-64] [REFERRED TO]
MAHADEO NATHUJI PATIL VS. SURJABAI KHUSALCHAND LAKKAD [LAWS(BOM)-1993-11-30] [REFERRED TO]
KRANTH SANGRAM PARISHATH VS. N JANARDHAN REDDY [LAWS(APH)-1992-9-67] [REFERRED TO]
VISHWANATH PRASAD AND OTHERS VS. STATE OF U P AND OTHERS [LAWS(ALL)-2017-11-147] [REFERRED TO]
RUPAM SINGH VS. STATE OF U.P. [LAWS(ALL)-2019-11-188] [REFERRED TO]
BIJON MUKHERJEE VS. STATE OF WEST BENGAL & ORS [LAWS(CAL)-2018-7-57] [REFERRED TO]
U P STATE ELECTRICITY BOARD VS. ASHOK KUMAR SHUKLA [LAWS(ALL)-2003-3-89] [REFERRED TO]
SARDA ENERGY AND MINERALS LTD VS. UNION OF INDIA [LAWS(DLH)-2011-1-366] [REFERRED TO]
PRINCIPAL COMMISSIONER OF INCOME TAX, RANCHI VS. MANOJ KAPOOR [LAWS(JHAR)-2023-8-124] [REFERRED TO]
BAJAJ ALLIANCE GENERAL INSURANCE CO. LTD VS. RAMBHA DEVI [LAWS(SC)-2024-11-2] [REFERRED TO]
GOPAL AGARWAL VS. SPECIAL DIRECTOR DIRECTORATE OF ENFORCEMENT [LAWS(TLNG)-2023-4-92] [REFERRED TO]
FUERST DAY LAWSON LIMITED VS. JINDAL EXPORT LIMITED [LAWS(SC)-2001-5-12] [REFERRED]
JAIRAM VS. STATE OF M P [LAWS(MPH)-2015-1-160] [REFERRED TO]
NARASIMHAN NAMBOODIRI VS. GANAPATHI NAMBOODIRI [LAWS(KER)-2011-1-254] [REFERRED TO]
NEW ERA SHIPPING LTD VS. M V P EXPRESS [LAWS(BOM)-2007-8-77] [REFERRED TO]
MAA VIND VASINI INDUSTRIES VS. PURVANCHAL VIDYUT VITRAN NIGAMLTD [LAWS(ALL)-2007-12-91] [REFERRED TO]
COMMITTEE OF MANAGEMENT OF CAPTAIN UMMED SINGH UCHCHATAR MADHYAMIK VIDYALAYA VS. DISTRICT INSPECTOR OF SCHOOLS MAINPURI [LAWS(ALL)-1989-12-16] [REFERRED TO]
VIMAL KISHORE BAJPAI VS. DISTRICT INSPECTOR OF SCHOOLS KANPUR [LAWS(ALL)-1989-12-52] [REFERRED TO]
JAI BALAJI INDUSTRIES LTD VS. UNION OF INDIA [LAWS(GAU)-2011-1-34] [REFERRED TO]
PALLAVA GRANITES INDUSTRIES INDIA P LTD VS. GOVT OF A P [LAWS(APH)-1996-11-19] [REFERRED TO]
CHARU AGRAWAL VS. MR ALOK KALIA [LAWS(DLH)-2023-3-250] [REFERRED TO]
UNION OF INDIA VS. DASHRATH DARVE SON OF RAKSHU DARVE [LAWS(JHAR)-2019-6-62] [REFERRED TO]
SHAJITHA VS. AKBAR [LAWS(KER)-2023-7-175] [REFERRED TO]
DIRECTOR, FRANCIS J. PALLAN & OTHERS VS. HAJI ABDULLA HAJI ADAM SAIT CHARITABLE ENDOWMENT & OTHERS [LAWS(KER)-2018-1-656] [REFERRED TO]
STATE OF ORISSA VS. MAMATA MOHANTY [LAWS(SC)-2011-2-45] [REFERRED TO]
FIBRE BOARDS (P) LTD., BANGALORE VS. COMMISSIONER OF INCOME TAX, BANGALORE [LAWS(SC)-2015-8-20] [REFERRED TO]
Daulat Singh VS. Union of India [LAWS(MPH)-1993-7-25] [REFERRED TO]
RURAL ENTITLEMENT AND LEGAL SUPPORT CENTRE (REGD.), BHOPAL, BRANCH GWALIOR VS. STATE OF M.P. [LAWS(MPH)-2000-10-75] [REFERRED TO]
MUHAMMED SAJEED K VS. STATE OF KERALA [LAWS(KER)-1995-4-7] [REFERRED TO]
RANJANA VERMA VS. STATE OF JHARKHAND [LAWS(JHAR)-2006-9-10] [REFERRED TO]
LOTIKA KHAJURIA VS. STATE OF J&K [LAWS(J&K)-2018-9-99] [REFERRED TO]
NEW OKHLA INDUSTRIAL DEVELOPMENT AUTHORITY VS. SURENDRA SINGH AND ORS. [LAWS(ALL)-2015-4-264] [REFERRED TO]
CHHATTHU NARAIN VISHWAKARMA VS. STATE OF U.P. THROUGH SECY. REVENUE DEPT. AND ANOTHER [LAWS(ALL)-2011-9-509] [REFERRED TO]
CANTONMENT BOARD VS. DISTRICT JUDGE (INCHARGE) [LAWS(ALL)-2006-4-324] [REFERRED TO]
KURAPATI BANGARAIAH VS. GOVERNMENT OF ANDHRA PRADESH [LAWS(APH)-2014-6-192] [REFERRED TO]
GOVERNMENT OF NCT OF DELHI VS. RAVINDER KUMAR JAIN [LAWS(SC)-2023-5-83] [REFERRED TO]
Maqbul Ansari VS. State of Jharkhand [LAWS(JHAR)-2012-5-161] [REFERRED TO]
THE MANAGER, A.M HIGHER SECONDARY SCHOOL, VENGOOR, MALAPPURAM DISTRICT VS. THE STATE OF KERALA [LAWS(KER)-2017-10-273] [REFERRED TO]
ANIMAL WELFARE BOARD OF INDIA VS. OMBUDSMAN FOR LOCAL SELF [LAWS(KER)-2006-3-29] [REFERRED TO]
S.MURUKESAN VS. R.GUNASEELAN [LAWS(MAD)-2019-3-283] [REFERRED TO]
TITAGHUR PAPER MILLS COMPANY VS. STATE OF ORISSA [LAWS(ORI)-1979-9-7] [REFERRED TO]
ASHOK LEYLAND LTD VS. PRESIDING OFFICER LABOUR COURT COIMBATORE [LAWS(MAD)-1987-12-15] [REFERRED TO]
PRABHAT KUMAR PAUL VS. SHREE LAKSHMI JANARDAN THAKUR [LAWS(CAL)-2007-10-7] [REFERRED TO]
STATE OF U.P. VS. RAKESH KUMAR [LAWS(ALL)-2010-12-102] [REFERRED TO]
JANGALI PASI VS. STATE OF U.P. AND ORS. [LAWS(ALL)-2015-4-100] [REFERRED TO]
SAMATHA VS. STATE OF ANDHRA PRADESH [LAWS(APH)-1995-4-20] [REFERRED TO]
KRISHNA MADHAORAO GHATATE VS. UNION OF INDIA [LAWS(BOM)-1975-10-13] [REFERRED TO]
RAM KUMAR VS. STATE OF U P [LAWS(ALL)-2005-9-62] [REFERRED TO]
RAMJEET BIND AND JAGDISH BIND BOTH SONS VS. STATE OF U P [LAWS(ALL)-2006-1-125] [REFERRED TO]
FAUJDAR VS. DEPUTY DIRECTOR OF CONSOLIDATION [LAWS(ALL)-2006-1-244] [REFERRED TO]
RAMJEET BIND VS. STATE OF U P [LAWS(ALL)-2006-2-39] [REFERRED TO]
SHIV KUMAR VS. COLLECTOR [LAWS(ALL)-2004-11-11] [REFERRED TO]
GOVERNMENT OF ANDHRA PRADESH VS. P GAUTAM KUMAR [LAWS(APH)-2012-8-80] [REFERRED TO]
WEE AAR CONSTRUCTIVE BUILDERS VS. SIMPLEX CONCRETE PILES INDIA LTD [LAWS(DLH)-2010-2-376] [REFERRED TO]
T. MURALIDHAR RAO AND ANOTHER VS. THE STATE OF ANDHRA PRADESH, DEPARTMENT OF REVENUE (UC II), HYDERABAD REP. BY ITS SECRETARY AND ANOTHER [LAWS(APH)-2017-2-22] [REFERRED TO]


JUDGEMENT

- (1.)A common judgment of the Division Bench of the Delhi High Court disposed of four appeals, the points covered by all being admittedly identical. Special leave was granted by this Court and thus four appeals came into existence here. However, the appellants before us moved this Court that with a view to save money and energy, one of the four may be directed to be got ready and disposed of and the others may, thereafter, follow the fate of the first. On this basis C. A. 2556 of 1966 was heard at length and decided adversely to the present appellants. Shri Bindra, learned counsel for the appellants, submits that the earlier adjudication by this Court amounted to a judgment per incuriam and did not bind him or the Court. He was thus free to argue on the merits, especially the holding on the civil court's jurisdiction, and the matter was at large. We have to consider this contention on its merits.
(2.)Certain background facts bearing on the narrow question above posed serve to appreciate the point made. The present batch of appeals, as already stated, emanated from a judgment covering them all rendered by the Delhi High Court which itself arose out of a like common judgment of a Single Judge of the High Court and so on down the pyramid to the base viz., the decree of the trial Court. The present appellant had lost the battle all along the line. For brevity's sake, we may content ourselves with the statement that the Courts had been invited to pronounce upon the jurisdiction of the civil court to adjudicate upon the controversy which related to the Delhi Land Reforms Act with special reference to relevant provisions barring suits. In short the point about the civil court's power to go into a land reform litigation had been considered and adversely decided, so much so it is not correct for the appellants to say that the matter had, by grave inadvertence, been missed. We are not examining the soundness of the actual decision on the merits since indeed we feel that the appeals must fail in limine and no principle of judgment per incuriam can salvage the case.
(3.)At an early stage, an application was made before this Court embracing all the appeals, including the present three, which runs thus:
"In the matter of: Civil Appeal No. 2556 of 1966 and In the matter of Appeals arising from the orders dated 14-8-1968 of the Delhi High Court in S. C A. No. 186-D/66, l89-D of l966 and l90-D/66 and In the matter of Mamleshwar Pershad and another.

x x x x x

The petitioners (appellants) accordingly pray that this Hon'ble Court may be pleased to pass orders (1) Consolidating the 4 appeals abovementioned.

(2) Modifying the orders dated 8-12-1966 in S. L. P. 1366 of 1966 so that the security for the respondents' costs deposited in the said appeal may be considered also as security for the costs of the respondents in the 3 appeals arising from the S. C. As. Nos. 186-D, l89-D and 190-D of 1966.

(3) That in case the appellants are required to furnish further security apart from the amount deposited in Civil Appeal No 2556 of 1966, time may be suitably extended for such deposit and delay in depositing within the time allowed by the Rules may be condoned.

(4) Modifying the directions regarding the preparation of record so that the proceedings in the High Courts to be printed in the appeal No. 2556 of 1966 be read as record in the three other appeals afore-mentioned and that the record for the said three other appeals may be printed only so as to include the proceedings in the trial Court and the 1st Appellate Courts; and

(5) Such further or other directions may be made as this Hon'ble Court may deem fit in the circumstances of the case."



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