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BIBHAS RANJAN DE
Sunil Kumar Manna – Appellant
Versus
Gaffar Molla – Respondent
JUDGMENT :
Bibhas Ranjan De, J.
1. Whether Section 5 of the Limitation Act, is applicable to an application with a prayer for special leave to appeal under Section 378 (5) of the Criminal Procedure Code (for short CrPC) is the question that needs to be decided in the aforesaid three applications for special leave to appeal. Initially, CRMSPL 27 of 2023 was heard by me at length and judgement was reserved. Subsequently, two other applications, namely, CRMSPL 52 of 2023 and CRMSPL 35 of 2023 came up for hearing before me in which identical question was involved.
2. Ld. advocate, appearing for the petitioner in the subsequent two applications argued the matter and I had to reserve subsequent two CRMSPL applications with a view to dispose of all three applications having identical question of law by a common judement. That is why, all three applications are being disposed of by this common judgement.
3. Accordingly, I proceed to decide the said question of law, referred to hereinabove first, before taking up for decision of each of the applications for special leave to appeal, on merits.
4. At the outset, I am dealing with an application for condonation of delay for 247 days (IA No. CRA
The main legal point established in the judgment is that the language of Section 378(5) of the CrPC did not expressly exclude the applicability of Section 5 of the Limitation Act, and thus, the court....
Appeal against acquittal – Benefit of Section 5 read with Sections 2 and 3 of Limitation Act, 1963 can be availed in an appeal against acquittal.
The court clarified that appeals by the State or Central Government are governed by a 90-day limitation period, and sufficient cause for delay must be demonstrated for condonation.
Law of Limitation is founded on public policy to ensure that the parties to a litigation do not resort to dilatory tactics and seek legal remedy without delay and in an application filed under Sectio....
The court ruled that under the Right to Fair Compensation and Transparency in Land Acquisition Act, 2013, appeals must be filed within 120 days, and the court has no power to condone delays beyond th....
The court ruled that under the Right to Fair Compensation and Transparency in Land Acquisition Act, 2013, appeals must be filed within 120 days, and the court has no power to condone delays beyond th....
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