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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
N.J.JAMADAR
Dhyan Foundation, Through Its Representative Mr. Vedprakash Mishra – Appellant
Versus
Google LLC. – Respondent
| Table of Content |
|---|
| 1. defamation claims and procedural background (Para 3 , 4 , 5 , 6 , 7 , 8 , 9) |
| 2. legal reasoning on jurisdiction and procedural discretion (Para 10 , 14 , 15 , 16 , 19 , 20 , 21 , 22 , 23 , 29 , 30 , 31 , 32 , 33 , 35) |
| 3. arguments on condonation of delay in filing revision (Para 11 , 12 , 13 , 25 , 26 , 27 , 28) |
| 4. principles governing condonation of delay (Para 17 , 18) |
| 5. final dismissal of writ petitions (Para 37 , 38) |
JUDGMENT :
N. J. JAMADAR, J.
1. Rule. Rule made returnable forthwith and with the consent of the parties, heard finally.
2. As these petitions have their genesis in the orders passed by the learned Magistrate, in one and the same proceeding, the petitions were heard together and are being decided by this common judgment.
3. The petitioner is a registered charitable non-profit organization. It is promoting the cause of animal welfare. The petitioner works for the rescue, care, treatment and rehabilitation of animals, with the assistance of law enforcement agencies. YouTube, a social media intermediary, is operated by Google LLC – Respondent No. 1.
4. The petitioner alleges the Respondent No. 1 has allowed to broadcast and publish five per se defamatory vid
The court affirmed the necessity of a liberal approach to condonation of delay in legal proceedings to promote substantive justice, while refraining from commenting on the magistrate's jurisdiction r....
The court emphasizes a liberal approach to condoning delay, highlighting that procedural errors should not obstruct substantial justice when sufficient cause is shown.
The court emphasized that sufficient cause for delay under the Limitation Act must be established, aligning government entities with private litigants regarding the standards for delay condonation.
The court emphasized that applications for condonation of delay should be decided on merits, prioritizing substantial justice over technicalities, especially when the delay is not due to negligence.
The law of limitation applies equally to all parties, including State entities, and delays cannot be condoned unless supported by sufficient and clear explanations.
(1) – Limitation period – Length of delay is a relevant matter which court must take into consideration while considering whether delay should be condoned or not – While considering plea for condona....
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