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1995 Supreme(Ker) 207

V.V.KAMAT
Rajan alias Krishnankutty Nair – Appellant
Versus
State of Kerala – Respondent


Advocates:
T.P. Kelu Nambiar, for Petitioners; K. Thankappan, Government Pleader, for Respondents.

ORDER: -

Legal right is a situation of assertion in a given legal system. This situation is meaningful only when it is enforceable at law. There are many legal situations to be seen as merely innocuous because under a legal system they cease to be enforceable. Apart from many illustrative events, the concepts of law of limitation results into many legal rights becoming unenforceable at law. The court exercising extraordinary jurisdiction under Art. 226 of the Constitution of India, with its inherent limitation, has to be much conscious and circumspect especially when the cause at its inception in such proceeding is far out of limitation even under the ordinary civil law of limitation in the context.

2. Even under the law of limitation, it is the duty of the court (S.3 of the Limitation Act) to see that the cause of action and the institution of the proceeding are legally correlated by the required provision of the limitation. In a writ petition, the question is perceived by the consideration of delay and laches. Although the principle yields to the aspect of justicc and if the justice demands the delay and laches should (sic) into insignificance in comparison and alternative remedie

































































































































































































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