Alkaben Anilbhai Parmar vs State Of Gujarat

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(Guj) 1240

GITA GOPI
Alkaben Anilbhai Parmar – Appellant
Versus
State Of Gujarat – Respondent

Advocates:
Advocate Appeared:
For the Applicant : Ms Tanaveer K Loladia
For the Respondent: Mr Hardik Mehta APP

ORDER :

Gita Gopi, J.

Order in Criminal Misc. Application

1. The present application has been filed for condonation of delay of 109 days caused in filing the revision application.

2. Ms. Tanaveer K.Loladia, learned advocate for the applicant states that delay of 109 days occurred to challenge the order of the courts below, as the applicant was facing financial crunch and after making arrangement for funds and taking legal advise, she could prefer the revision application.

3. Learned APP for the respondent State submitted that though each day delay has not to be explained, but sufficient explanation is required to be placed on record for consideration of the Court, and, thus urged to reject the application.

4. In the case of Collector, Land Acquisition, Anantnag and Another v. Mst. Katiji and Others reported in AIR 1987 SC 1353 it has been observed as under :-

“3. The legislature has conferred the power to condone delay by enacting Section 5 of the Indian Limitation Act of 1963 in order to enable the Courts to do substantial justice to parties by disposing of matters on 'merits'. The expression "sufficient cause" employed by the legislature is adequately elastic to enable the courts to app

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