Back
IN THE HIGH COURT AT CALCUTTA
AJAY KUMAR GUPTA
West Bengal State Agricultural Marketing Board – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT :
Ajay Kumar Gupta, J.
CRAN 1 of 2018 (Old CRAN 1222 of 2018)
1. This instant application is for condonation of delay of 1463 days in preferring the Revisional application filed by the petitioner under Section 401 read with Section 482 of the Code of Criminal Procedure, 1973 (in short, ‘CrPC’) challenging the legality, propriety and correctness of the impugned Order dated 09.04.2014 passed by the Learned Judge, 4th Special Court, Calcutta in Case No. 01 of 2013 arising out of Hare Street P.S. Case No. 172 dated 13.03.2013 under Sections 120B/420/467/468/471 of the Indian Penal Code, 1860 read with Section 13(1)(c)(d) of the Prevention of Corruption Act, 1988, pending before the Learned 4th Special Court, Bankshall Court, Calcutta for adjudication.
2. By the said impugned order, the Learned Trial Court allowed the opposite party no. 2, another Government establishment, namely, West Bengal Infrastructure Development Finance Corporation Limited, to withdraw the amount from the freezed account of the petitioner.
3. The brief facts of the case as per the petitioner are that the petitioner is a body corporate. The State Government, in exercise of its power conferred under the provisi
The law of limitation applies equally to all parties, including State entities, and delays cannot be condoned unless supported by sufficient and clear explanations.
The principle of 'sufficient cause' under Section 5 of the Limitation Act is interpreted liberally to ensure substantial justice, especially regarding government bodies, without undue strictness on p....
The court held that bureaucratic inefficiencies do not constitute sufficient cause for condoning delays in appeals, emphasizing accountability in litigation processes.
The judgment emphasizes the importance of providing a genuine and substantiated reason for seeking condonation of delay under Section 5 of the Limitation Act, 1963, and highlights the need for partie....
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.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
