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SUJIT NARAYAN PRASAD, PRADEEP KUMAR SRIVASTAVA
Syed Zakir Hussain, son of late Syed Md. Anwar Pandit – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
Sujit Narayan Prasad, J.
1. The instant intra-court appeal, under clause 10 of the Letters Patent, is directed against the order/judgment dated 13.12.2022 passed by learned Single Judge of this Court in W.P. (S) No. 4918 of 2017 by which the writ petition has been dismissed.
I.A. No. 7710 of 2023
2. The instant appeal is admittedly barred by limitation since there is delay of 219 days in preferring the appeal, therefore, an application being I.A. No. 7710 of 2023 has been filed for condoning such delay.
3. This Court, after taking into consideration the fact that the instant intra-court appeal has been field after inordinate delay of 219 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. Learned counsel for the appellant has submitted that delay in preferring the appeal may be condoned by allowing the instant Interlocutory Application on the basis of grounds shown therein treating the same to be sufficient.
5. The grounds for condoning the delay in preferring the appeal, as has been mentioned in the interlocutory application is that the appellant-writ petitioner was h
The court emphasized that sufficient cause must be shown for condoning delay in filing appeals, with negligence and inaction being critical factors.
The principle that the law of limitation is strict and must be adhered to unless a party can demonstrate sufficient cause for any delay, with negligence or lack of bona fides being significant factor....
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 main legal point established in the judgment is the requirement for a sufficient cause and bona fide motive when seeking condonation of delay.
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 court emphasized that sufficient cause for delay in filing an appeal must be adequately justified, and negligence or lack of bona fides can bar condonation.
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 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 Court emphasized that sufficient cause for condoning appeal delays must include diligence and bona fides; ignorance of law and financial hardship alone are insufficient grounds for delay beyond t....
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