Tax Management India. Com
Law and Practice  :  Digital eBook
Research is most exciting & rewarding


  TMI - Tax Management India. Com
Follow us:
  Facebook   Twitter   Linkedin   Telegram

TMI Blog

Home

1972 (3) TMI 92

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... e Land Acquisition Officer at ₹ 76,029.15 p. At the instance of the respondent the matter was referred to the District Judge under Section 18 of the Land Acquisition Act. The learned District Judge enhanced the compensation payable to ₹ 2,97,019.15 p. The Punjab Government and the Punjabi University wanted to file an appeal against that order. The judgment of the District Judge was delivered on October 31, 1970. The Punjabi University applied for a copy of the decree and the judgment on November 18, 1970. The copies were made available on November 27, 1970. The last day for filing the appeal was Feb 8, '71. The appeal was actually filed on Feb. 10, '71. Hence, there was a delay of two days. Along with the appeal an appli .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... arned Judges of the High Court have not disbelieved the version given by Mr. Atma Ram. On the other hand, they have opined that the right to file the appeal was primarily that of the Punjab Government and the Punjab Government has not given sufficient reason for their delay in filing the appeal. It may be noted that the party which was essentially interested in filing the appeal was the Punjabi University. It had to pay the compensation for the lands acquired. Therefore, there was nothing surprising if the Government had left the matters in the hands of the Punjabi University. The Punjab Govt. was only fighting the case for the benefit of Punjabi University. The facts stated by Mr. Atmaram in his affidavit are highly probable and we see no .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... though there is certainly no general doctrine which saves parties from the results of wrong advice. The advice given by the lawyer to file applications under Article 227, in our opinion, is also a circumstance to be taken into account in considering whether the appellant has shown sufficient cause. 4. From the facts found above it is clear that the appeal came to be filed two days after the period of limitation solely because of the wrong calculation made by Mr. Atma Ram. 5. It was urged on behalf of the respondent that the Punjab Government cannot take advantage of the mistake committed by Mr. Atma Ram. It has not given any explanation of its own for not filing the appeal within time. This contention does not appeal to us. As ment .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

 

 

 

 

Quick Updates:Latest Updates