Supreme Court of India · 1995-07-26
DEPUTY COLLECTOR NORTHERNSUB DIVISION, PANAJI vs COMUNIDADE OF BAMBOLIM
- Citation / case number
- SC 1979/62798
- Court
- Supreme Court of India
- Petitioner
- DEPUTY COLLECTOR NORTHERNSUB DIVISION, PANAJI
- Respondent
- COMUNIDADE OF BAMBOLIM
- Author
- K. RAMASWAMY
- Bench
- K. RAMASWAMY
Judgment text excerpt
The Supreme Court held that the appeal filed by the State under Section 54 of the Land Acquisition Act, 1894 was not barred by limitation despite procedural difficulties. The Court found that the State's counsel acted in good faith while deciding whether to pursue the appeal under the Portuguese Code or the Code of Civil Procedure, thus allowing the application of Section 14 of the Limitation Act. The Court set aside the Judicial Commissioner's order, affirming that a memo of appearance sufficed instead of a Vakalatnama.