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IN THE HIGH COURT AT CALCUTTA
HARISH TANDON, PRASENJIT BISWAS
State of West Bengal – Appellant
Versus
Priya Halder – Respondent
JUDGMENT :
Prasenjit Biswas, J.
In Re: CAN 1 of 2024
1. This is an application filed at the behest of the appellants/petitioners seeking for condonation of delay in preferring the instant appeal challenging the order dated 13.07.2023 passed by the learned Single Bench of this Court in connection with WPA 18757 of 2022. As per report submitted by the Additional Stamp Reporter there is a delay of 284 days in preferring this appeal.
2. It is stated by the petitioner that they received the order from their learned Advocates on 31.08.2023 and immediately thereafter they sought instruction from the concerned department that what course of action is to be taken to the said impugned order. The department decided to prefer appeal against the said impugned order dated 23.11.2023 and the same was finalized on 20.12.2023 by engaging learned Advocate. As per request of the department the learned Advocate on record applied to obtain a certified copy of the impugned order. It is stated by the petitioners that the learned Advocate although applied for getting certified copy of the order but somehow it was misplaced and went out of his mind. When the department gave a reminder to the learned Advocate f
The court reinforced that the State is treated equally with other litigants regarding the condonation of delay, requiring a valid explanation for any delay.
The court held that administrative delays are insufficient for condoning significant delays in appeals, emphasizing the importance of strict adherence to limitation laws and the necessity for bona fi....
Government bodies must provide reasonable explanations for delays in filing appeals, as the law of limitation applies equally to all litigants, including the State.
The burden of proof lies on the applicant to provide sufficient cause for condonation of delay under the Limitation Act, and mere assertions are inadequate.
The court established that the State must provide a reasonable explanation for delays in legal proceedings, as the law of limitation applies equally to all parties.
(1) Un-condonable delay - Un-condonable delay cannot be condoned in a routine manner by the Courts. Law of Limitation is substantive and the Rule is to institute the proceedings within the time limit....
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