AMARJIT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This Regular Second Appeal was allowed by this Court on 6.8.2007 and while doing so, it was observed as under:-

(2.) In view of the discussion made above, appeal is accepted. Judgment and decree dated 17.12.1983 passed by District Judge, Chandigarh is set-aside and that of the trial Court dated 10.2.1983 is hereby affirmed." The said order, however, was set-aside by the Hon'ble Supreme Court on a Special Leave Petition filed by the State of Punjab on the ground that this Court has committed a serious illegality in reversing the decision of the first Appellate Court without formulating a substantial question of law, which according to the High Court, required determination. The plea by the appellant that he had already retired and that the case be decided by the Court itself instead of remanding the case back to this Court for adjudication was not accepted and accordingly the order passed by this Court, allowing the appeal was set-aside and the matter remitted back to this Court for hearing and deciding this appeal afresh in accordance with law.

(3.) In this background, it would be obvious that the case has been remanded back to formulate a question of law requiring determination by this Court and then deciding the appeal afresh. Despite this, the counsel for the appellant is found wanting and has not made any move to formulate a question of law, if any, that would require consideration by this Court while considering this Regular Second Appeal. This is the position, though the counsel was given time to formulate the question of law. Since the inaction on the part of counsel would not be enough to make the appellant to suffer, the Court itself would consider this aspect to see if any substantial question of law would arise in this case or not. Having considered the matter, it is felt that following substantial questions of law indeed would arise in this case:-