THE STATE OF PUNJAB versus RAGHBIR SINGH AND ORS.

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

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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

  1. 1 Whether application for reference under Section 28A lies when not filed within limitation and based on High Court judgment
  2. 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