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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
HON'BLE MR. JUSTICE VIVEK SINGH THAKUR
State of H.P. – Appellant
Versus
Madan Lal (deceased) through LRs – Respondent
| Table of Content |
|---|
| 1. delay in filing review petitions explained. (Para 2 , 3 , 4 , 5 , 6 , 7) |
| 2. arguments for condonation of delay presented. (Para 8 , 9 , 10 , 11 , 12) |
| 3. comparison of notifications indicates lack of similarity. (Para 13 , 14 , 15) |
| 4. insufficient cause for delay established. (Para 16 , 17 , 18 , 19 , 20 , 21 , 22 , 23) |
| 5. citations of supreme court judgments on delay. (Para 24 , 25 , 26 , 27 , 28 , 29 , 30 , 31 , 32 , 33 , 34) |
| 6. rejection of applications cited. (Para 35 , 36 , 37) |
| 7. final dismissal of review petitions. (Para 38 , 39 , 40) |
JUDGMENT :
Vivek Singh Thakur, J.
Both these applications for adjudication of common question of fact and law are being decided by this common order.
2. These applications have been filed for condonation of delay of 2 years, 1 month and 8 days in filing the Review Petitionsagainst common judgment dated 20.12.2017 passed in RFA No.249 of 2011 with Cross Objection No.450 of 2011, titled as State of H.P. and others vs. Madan Lal and others and RFA No.250 of 2011 with Cross Objection No.451 of 2011, titled as State of H.P. and others vs. Kanshi Ram and others , whereby appeals filed by the State against common Award passed by the Referenc
Government departments must provide reasonable and acceptable explanations for delays in legal filings, emphasizing diligence in legal proceedings.
Government departments must provide reasonable explanations for delays in filing petitions; absence of sufficient cause results in dismissal of applications for condonation.
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.
“unavoidable” and “unspoken” circumstances cannot be taken shelter of to claim condonation of delay in approaching the Courts. In fact the course adopted by the State in preferring the review petitio....
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 court emphasized the need to adhere to the statutory limitation period and the requirement of showing sufficient cause for delay in seeking review of judgment and decree.
Limitation - Condonation of delay - Law of limitation may harshly affect a particular party but it has to be applied with all its rigour when statute so prescribe and Courts have no power to extend p....
A government body cannot benefit from its own negligence; explanations for condonation of delay must be reasonable, and inordinate delay jeopardizes the rights of others.
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