IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD
R. G. AVACHAT, ABASAHEB D. SHINDE
Chief Executive Officer Zilla Parishad Aurangabad – Appellant
Versus
Ambadas s/o Yeduba Jumde – Respondent
| Table of Content |
|---|
| 1. judicial proceedings include a civil application for condonation of delay. (Para 1 , 2) |
| 2. local self-government's delay in filing review petition lacks sufficient cause. (Para 3 , 5 , 6 , 9) |
| 3. sufficient cause must be established for condoning delay, applicable to all entities. (Para 4 , 7 , 8 , 10) |
JUDGMENT :
Abasaheb D. Shinde J.
1. Heard the learned Counsel for the Applicants and the learned AGP for Respondent Nos.2 to 4.
2. By this Civil Application, the Applicants/Original Respondent Nos.4 to 6 in Writ Petition No.6728 of 2019 are seeking condonation of delay of 3 years and 3 months in filing Review Petition, seeking review of order dated 11.06.2019 passed in Writ Petition No.6728 of 2019.
3. The learned Counsel for the Applicants submits that though the order of which the review has been sought is passed on 11.06.2019, however, considering the fact that the said order involves financial implications, the Applicants have decided to file Review Petition. The learned Counsel for the Applicants further submits that the Applicants being local self-government required some time to take policy decision of filing Review Petition. It is further contended that, the decisi
The court ruled that local self-governments must adhere to limitation laws with no special exemptions and must provide adequate justification for any delay in filing petitions.
The State must provide satisfactory reasons for delay in filing petitions; bureaucratic inefficiency is no excuse. Condonation of delay should not undermine the principles of timely justice.
The court ruled that a party cannot justify an inordinate delay in filing a review petition based on subsequent overruling of a prior decision, as it violates the principles of limitation and suffici....
The main legal point established in the judgment is the requirement for a bona fide explanation for delay in filing applications under Section 5 of the Limitation Act, 1963. The court emphasized the ....
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