This Letters Patent Appeal concerns the condonation of delay. The court noted related proceedings and the appellant's failure to distinguish a previous Division Bench order. Consequently, the appeal was dismissed.
The appeal was dismissed as the appellant failed to distinguish the relevant Division Bench judgment.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Letters Patent Appeal No.960 of 2010(O&M) Date of decision: 13.8.2010
Improvement Trust Nabha
…..Appellant
versus
Krishan Lal Aggarwal and others
……Respondents
CORAM: Hon’ble Mr.Justice Jasbir Singh Hon’ble Mr.Justice Augustine George Masih
Present: Mr.Keshav Kataria, Advocate for the appellant
Jasbir Singh, J. (Oral)
CM Nos.2831-2832 of 2010
In view of reasons mentioned in these applications, the same are allowed and delay in re-filing and filing the appeal stands condoned. LPA No.960 of 2010
During arguments, it transpired that against the judgment, impugned in this appeal, Municipal Council, Bhawanigarh and others filed LPA No.797 of 2010, which was dismissed by a Division Bench of this Court vide judgment dated 21.7.2010.
Counsel for the appellant has failed to distinguish the judgment passed, as mentioned above.
In view of aforementioned facts, this appeal stands dismissed.
(Jasbir Singh)
Judge
13.08.2010 (Augustine George Masih) gk Judge
2 issues framed by the court
Whether the delay in filing the Letters Patent Appeal should be condoned given the existence of a similar dismissal by a Division Bench?
Whether the appellant's failure to distinguish the related Division Bench judgment warrants dismissal of the appeal.
Colour shows how this judgement treated each authority
Municipal Council, Bhawanigarh and others vs. Unnamed OppositesDistinguished¶13
LPA No.797 of 2010
Improvement Trust Nabha
Krishan Lal Aggarwal
Jasbir Singh
Augustine George Masih
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
