Back
SUJIT NARAYAN PRASAD, SUBHASH CHAND
State of Jharkhand, through the Secretary, Human Resources Development, Government of Jharkhand – Appellant
Versus
Murlidhar Mishra, son of Late Bhikhan Mishra – Respondent
| Table of Content |
|---|
| 1. introduction of the appeal case. (Para 1) |
| 2. delay in filing the appeal and application. (Para 2 , 4 , 5) |
| 3. court's approach to delay condonation. (Para 6 , 7) |
| 4. effect and rigor of the law of limitation. (Para 8 , 9 , 10) |
| 5. assessment of the explanation for delay. (Para 11 , 13) |
| 6. reference to previous case outcomes. (Para 14 , 15 , 16) |
| 7. court's decision on delay application. (Para 17) |
| 8. concluding dismissal of the appeal. (Para 18 , 19 , 20) |
JUDGMENT :
(Sujit Narayan Prasad, J.) :
The instant intra-court appeal, under clause 10 of the Letters Patent, is directed against the order/judgment dated 20.06.2019 passed by learned Single Judge of this Court in W.P. (S) No.6629 of 2017 by which the writ petition has been allowed by quashing the order dated 20.07.2011 passed by the District Superintendent of Education, Garhwa whereby and whereunder recovery of an amount of Rs.2,21,305 has been ordered from the retiral benefits payable to the petitioner.
I.A. No. 5667 of 2020
2. The instant appeal is admittedly barred by limitation since there is delay of 397 days in preferring the appeal, therefore, an application being I.A. No. 5667 of 2020 has been filed for condoning su
The judgment emphasizes the importance of demonstrating a bona fide motive and sufficient cause for delay condonation, highlighting that the law of limitation must be applied with all its rigour when....
The law of limitation must be applied strictly, and delay in filing appeals can only be condoned on sufficient cause, which was not established in this case.
The court emphasized that applications for condonation of delay must demonstrate sufficient cause, with negligence and lack of bona fides leading to dismissal.
The court emphasized that procedural delays and lack of bona fides do not justify condoning significant delays in filing appeals, reinforcing the importance of adhering to limitation laws.
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 main legal point established in the judgment is the requirement for a sufficient cause and bona fide motive when seeking condonation of delay, as well as the importance of diligence and the duty ....
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 main legal point established in the judgment is the requirement for a sufficient cause and bona fide motive when seeking condonation of delay.
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
