Search Results Page
Search Results
1 - 10 of 30 (0.25 seconds)The Limitation Act, 1963
Article 58 in Constitution of India [Constitution]
Article 120 in Constitution of India [Constitution]
Section 2 in The Limitation Act, 1963 [Entire Act]
State Of Punjab And Ors vs Gurdev Singh, Ashok Kumar on 21 August, 1991
Considering the aforesaid facts, it is evident that in Malkiat
2024:PHHC:005621
Regular Second Appeal No. 2128 of 1991 (O&M) 12
And Other Connected Cases
Singh's case (supra), the Bench was not apprised of the judgments passed
by the two different Division Benches in Randhir Singh's case (supra) and
Amar Singh's case (supra).
The State Of Punjab vs Ajit Singh on 17 September, 2007
In State of Punjab and Others v. Gurdev Singh, Ashok Kumar
(1991) 4 SCC 1, the Supreme Court, while overruling the judgments of this
Court in State of Punjab v Ajit Singh (1998) 1 SLR 96 and State of Punjab
v. Ram Singh (1986) 3 SLR 379 held that the plaintiff's suit for the grant of
decree of declaration that the order of dismissal or termination from service
passed against the employee in a wrongful manner is illegal, null and void,
would be governed by Article 113 of the 1963 Act and the suit cannot be
filed at any point in time on the ground that such order is void ab initio. The
Apex Court clearly held that even such suits shall be filed within the
DEEPAK KUMAR BHARDWAJ
2024.01.25 10:50
I attest to the accuracy and
integrity of this document
2024:PHHC:005621
Regular Second Appeal No. 2128 of 1991 (O&M) 4
And Other Connected Cases
prescribed period of limitation as under Article 113 of the 1963 Act which is
a residuary Article. In para 6 of the judgment, the Supreme Court held as
under:-
State Of Punjab & Ors vs Surjit Singh Conductor on 22 March, 1996
signifies that the right to file a suit accrues on the date the order is
communicated to the employee. Thereafter, once again, this matter came up
for consideration before the Supreme Court in State of Punjab and Others v.
Rajinder Singh, Conductor (1999) SCC (L&S) 664. In this case, the Court
interpreted that the suit is required to be filed within a period of three years
from the date the cause of action accrues. This case in particular was related
to a punishment order stopping two increments with cumulative effect.
State Of Punjab & Anr vs Balkaran Singh on 18 October, 2006
15. Keeping in view the aforesaid discussion and the observations
made by the Supreme Court in Balkaran Singh's case (supra), it is held that
the suit for declaring the punishment order passed by the
Punishing/Disciplinary Authority as illegal, null or void is required to be
filed within a period of three years as provided under Article 58 or 113 of the
Schedule attached to the 1963 Act from the date when the copy of order is
communicated.
Randhir Singh And Anr vs State Of Punjab on 12 October, 2004
Considering the aforesaid facts, it is evident that in Malkiat
2024:PHHC:005621
Regular Second Appeal No. 2128 of 1991 (O&M) 12
And Other Connected Cases
Singh's case (supra), the Bench was not apprised of the judgments passed
by the two different Division Benches in Randhir Singh's case (supra) and
Amar Singh's case (supra).