SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2023 Supreme(P&H) 950

G. S. SANDHAWALIA, HARPREET KAUR JEEWAN
Union of India – Appellant
Versus
Jagdev Singh – Respondent


Advocates appeared:
Mr. P.C. Goyal, Advocate for the appellant-UOI.
Mr. Rajesh Gupta, Advocate for respondent Nos.5, 6, 8, 12 & 13 (in LPA-752-2002) and for respondent No.8 (in LPA-754-2002).

G.S. SANDHAWALIA, J.

1. The present judgment shall dispose of three appeals i.e. LPA Nos.752 to 754 of 2002, since common question of law and facts are involved. Facts are being taken from LPA No.752 of 2002 ‘Union of India Vs. Jagdev Singh and others’.

2. The present appeal is directed against the order of the learned Single Judge dated 05.10.2001, whereby the Regular First Appeal of the Union of India was dismissed on the ground of being barred by limitation, as there was a delay of 960 days in re-filing the appeal and there was also a delay of 97 days in filing the appeal. A period of 40 days is provided for removal of discrepancies under the High Court Rules and Orders and learned Single Judge came to the conclusion that the impersonal approach was adopted by the public servants in pursuing the affairs of the State and no plausible reason was forth coming to explain why the appeals could not have been presented in time. It was, accordingly, held that it was an unexplainable default which borders negligence and there was a callousness on behalf of the appellants and their representatives, since the appeal was returned by the Office on 08.12.1998, but was not filed till 19.09.2001.

      Click Here to Read the rest of this document
      1
      2
      3
      4
      5
      6
      7
      8
      9
      10
      11
      SupremeToday Portrait Ad
      supreme today icon
      logo-black

      An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

      Please visit our Training & Support
      Center or Contact Us for assistance

      qr

      Scan Me!

      India’s Legal research and Law Firm App, Download now!

      For Daily Legal Updates, Join us on :

      whatsapp-icon telegram-icon
      whatsapp-icon Back to top