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NELSON SAILO, MARLI VANKUNG
Union of India – Appellant
Versus
Kesang Dorjee – Respondent
JUDGMENT :
Nelson Sailo, J
1. Heard Mr. Y.Doloi, learned Senior Panel Counsel for the Review Petitioners, Ms. N. Danggen, learned counsel appearing for the respondent Nos. 1-24 and Ms. K. Wangmo, learned Government Advocate for the State respondents through online mode.
2. By filing this review petition, the petitioners have sought review of the Order dated 16.11.2022 passed by this Court in IA(C) No.65/2022, by which the said Interlocutory Application was dismissed. Be it stated herein that IA(C) No. 65 of 2022 was filed by the petitioners seeking condonation of 824 days delay in filing the connected writ appeal against the Judgment & Order dated 18.12.2019 passed by the learned Single Judge in WP(C) No. 181(AP)/2019.
3. To begin with his submission, Mr. Y. Doloi, learned Senior Panel Counsel has drawn our attention to paragraph Nos. 3 and 4 of the order sought to be reviewed to contend that due to the prevailing Covid-19 Pandemic at the relevant time, there was restriction of movement and further, due to landslide, the road connectivity from Tuting to Yingkiong was disturbed from 4.10.2020 to 15.10.2020 and because of which, the department could not take prompt steps for filing the w
The judgment emphasizes the importance of demonstrating genuine and acceptable reasons for condoning a delay in filing legal petitions, highlighting the need for parties to act diligently and vigilan....
The court ruled that a party cannot justify an inordinate delay in filing a review petition based on subsequent overruling of a prior decision, as it violates the principles of limitation and suffici....
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.
A delay in filing a legal proceeding cannot be condoned based solely on unsubstantiated allegations of lawyer negligence; the applicant must demonstrate sufficient cause and bona fide conduct before ....
The law of limitation is founded on public policy and statutes of limitation are enacted to ensure that parties approach the court for vindication of their rights without unreasonable delay.
The main legal point established in the judgment is the requirement for a liberal, pragmatic, justice-oriented approach in dealing with applications for condonation of delay, while also emphasizing t....
The sufficiency of the cause for condoning delay is paramount, and a liberal interpretation of 'sufficient cause' is justified when no mala fides are present, despite the length of the delay.
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