THE STATE OF PUNJAB versus RAGHBIR SINGH AND ORS.
Application for reference under Section 28A was not filed within limitation nor immediately after the award of the District Court; Amendment Act 68 of 1984 does not apply and the High Court erred in allowing the revision.
- Parties
- Appellant: The State of Punjab; Respondents: Raghbir Singh and Ors.
- Jurisdiction
- India
- Judgment Date
- 28 February 1995
- Procedural Posture
- Civil Appeal / Appeal From Order of High Court
- Outcome
- Appeal allowed
- Legal Topics
- Reference Under Land Acquisition Act, Limitation Under Section 28 a, Application of Amendment Act 68 of 1984
Case Brief
Summary, issues, holding and outcome
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Parties
The State of Punjab
Appellant
Raghbir Singh and Ors.
Respondents
Procedural Posture
Civil Appeal / Appeal From Order of High Court
Legal Issues
- 1 Whether application for reference under Section 28A lies when not filed within limitation and based on High Court judgment
- 2 Applicability of Amendment Act 68 of 1984 to such applications
Ratio Decidendi
Application for reference under Section 28A was not filed within limitation nor immediately after the award of the District Court; Amendment Act 68 of 1984 does not apply and the High Court erred in allowing the revision.
Court Disposition
Appeal allowed
Orders
- Order of the High Court dated August 14, 1992 set aside
- No costs awarded
Full Case Text
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