N.N.MITHAL, D.S.SINHA
COLLECTOR, VARANASI – Appellant
Versus
RAI PREM CHAND – Respondent
( 1 ) THIS appeal under S. 54 of the Land Acquisition Act has been filed by the State of U. P. The appellant moved two applications at the time of filing this appeal. One application was for stay of execution of the decree and the other one for time to make good the deficient court fee. The second application was allowed and two months time was granted to pay up the court fee. The requisite court fee stamps were supplied on 16-9-1991. The other application could not be disposed of as the appeal was reported to be beyond time by 91 days. As yet, no application seeking condonation of delay under S. 5 Limitation Act has been filed.
( 2 ) THE respondents have also appeared by filing a caveat through Sri S. K. Garg, Advocate. The appellant seeks to justify the filing of the appeal without any application under S. 5 Limitation Act. It was urged that since an appeal under Sec. 54 of the Land Acquisition Act is not regulated by Limitation Act no application under S. 5 thereof was essential. It was further urged that even assuming that the appeal was governed by Limitation Act there was no prescribed period of Limitation for filing such an appeal. In view of these twin subm
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.