N. KOTISWAR SINGH, M. A. CHOWDHARY
Zaffar Iqbal – Appellant
Versus
Union Territory of Jammu and Kashmir – Respondent
JUDGMENT :
Chowdhary, J.
1. This intra Court appeal, under Clause 12 of the Letters Patent, has been preferred by the Appellant against the final Order/Judgment dated 26th of April, 2023 passed by the learned Single Judge in an application filed by the Appellant, along with others, seeking condonation of delay in filing the Review Petition against the final Order/Judgment dated 29th of April, 2015 passed in SWP No. 302/2010 titled ‘Dr. Nasreena Bashir & Ors. v. UT of Jammu and Kashmir & Ors.’, whereby the said condonation of delay application stands dismissed.
2. The impugned final Order/Judgment has been assailed by the Appellant, inter alia, on the following grounds:
Balwant Singh (Dead) v. Jagdish Singh
Esha Bhattacharjee v. Managing Committee of Raghunathpur Nafar Academy & Ors.
P. K. Ramachandaran v. State of Kerala
Perumon Bhagvathy Devaswom, Perinadu Village v. Bhargavi Amma (Dead) by LRs
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.
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 principle that the law of limitation must be strictly adhered to, and that a party seeking condonation of delay must provide a satisfactory explanation that demonstrates diligence and bona fides.
The court emphasized that delay in filing appeals must be condoned only when sufficient cause is shown, with strict adherence to the law of limitation.
The law of limitation must be strictly adhered to, and the burden of proving sufficient cause for delay lies with the party seeking condonation. Procedural delays and lack of diligence are insufficie....
The law of limitation is fundamental and must be strictly adhered to; mere procedural delays or bureaucratic inefficiencies do not justify the condonation of inordinate delays in filing appeals.
A delay in filing a review application is not condoned without a sufficient and bona fide reason, especially when negligence or inaction is evident.
The law of limitation must be strictly adhered to, and the burden lies on the party seeking condonation of delay to demonstrate sufficient cause, which must not be based on mere procedural delays or ....
The main legal point established in the judgment is the requirement of 'sufficient cause' for condoning delay, emphasizing the absence of negligence or lack of bona fide motive.
The law of limitation must be strictly adhered to, and a party seeking condonation of delay must provide a satisfactory explanation that demonstrates diligence and bona fides; otherwise, the delay wi....
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