Back
SUJIT NARAYAN PRASAD, ARUN KUMAR RAI
State of Jharkhand, through its Additional Chief Secretary, Water Resources Department – Appellant
Versus
Devendra Kumar Singh, son of Late Kameshawar Singh – Respondent
JUDGMENT :
Sujit Narayan Prasad, J.
1. The instant intra-court appeal preferred under Clause-10 of Letters Patent is directed against the order/judgment dated 17.01.2023 passed by the learned Single Judge of this Court in W.P.(S) No.7322 of 2019, whereby and whereunder, the order of punishment dated 28.12.2016 and appellate order dated 24.04.2019, have been quashed and set aside.
I.A.No.11469 of 2023
2. The instant appeal is barred by inordinate delay of 160 days, therefore, an application for condoning the aforesaid delay has been filed being I.A.No.11469 of 2023.
3. This Court, after taking into consideration the fact that the instant intra-court appeal has been field after inordinate delay of 160 days, deems it fit and proper, to first consider the delay condonation application before going into the legality and propriety of the impugned order on merit.
4. The ground for condonation of delay has been taken, as per the pleading made in the instant interlocutory application that after receipt of impugned order, the file was placed before the competent authority who was directed to seek legal opinion and thereafter, the file was forwarded to the Law Department and decision was taken
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.
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 principle that the law of limitation must be strictly adhered to, and that a party seeking condonation of delay must provide a satisfactory and bona fide explanation for the delay, is fundamental....
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 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 negligence or lack of bona....
The law of limitation is to be strictly enforced, and parties, including the government, must provide sufficient cause for any delay in filing appeals; negligence or lack of bona fides will not justi....
The court ruled that an inordinate delay in filing an appeal requires a sufficient explanation, and negligence or lack of bona fides can lead to dismissal of the application for condonation.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
