SUJIT NARAYAN PRASAD, ARUN KUMAR RAI
Chairman cum Managing Director, Central Coalfields Limited – Appellant
Versus
Fulia Devi, w/o Late Chaita Mahto – Respondent
JUDGMENT :
(Sujit Narayan Prasad, A.C.J.)
1. The instant intra-court appeal, under Clause-10 of Letters Patent, is directed against the order/judgment dated 07.03.2022 passed by the learned Single Judge of this Court in W.P.(S) No.1488 of 2021, whereby and whereunder, the writ petition has been allowed directing the respondent-CCL to consider the case of the petitioner’s daughter for compassionate appointment in place of her deceased brother and pass appropriate order for appointing her on compassionate ground.
2. The instant appeal is barred by inordinate delay of 863 days, therefore, an application for condoning the aforesaid delay has been filed being I.A.No.8684 of 2024.
3. This Court, after taking into consideration the fact that the instant intra-court appeal has been field after inordinate delay of 863 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 that the order which has been passed by learned Single Judge has been complied with by passing reasoned order dated 29.04.2023 but when the said order was brought to the
Abdul Rehman Antulay v. R.S. Nayak, (1992) 1 SCC 225, 1992 SCC (Cri) 93
Basawaraj & Anr. Vrs. Spl. Land Acquisition Officer
Brijesh Kumar & Ors. Vrs. State of Haryana & Ors.
Esha Bhattacharjee v. Raghunathpur Nafar Academy
General Accident Fire and Life Assurance Corpn. Ltd. v. Janmahomed Abdul Rahim
Lala Matadin Vrs. A. Narayanan
Madanlal v. Shyamlal, (2002) 1 SCC 535
Maniben Devraj Shah v. Municipal Corpn. of Brihan Mumbai, (2012) 5 SCC 157, (2012) 3 SCC (Civ) 24
Manindra Land and Building Corpn. Ltd. v. Bhutnath Banerjee
Mata Din v. A. Narayanan, (1969) 2 SCC 770
P. Ramachandra Rao v. State of Karnataka, (2002) 4 SCC 578 : 2002 SCC (Cri) 830
Parimal v. Veena, (2011) 3 SCC 545, (2011) 2 SCC (Civ) 1
Popat and Kotecha Property v. SBI Staff Assn.
Post Master General & Ors. Vrs. Living Media India Limited & Anr.
Pundlik Jalam Patil v. Jalgaon Medium Project, (2008) 17 SCC 448
Rajender Singh v. Santa Singh, (1973) 2 SCC 705
Ramlal, Motilal and Chhotelal Vrs. Rewa Coalfields Ltd.
State of Gujarat through Secretary & Anr. Vrs. Kanubhai Kantilal Rana
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.
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 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 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 must be strictly adhered to, and that sufficient cause for delay must be adequately demonstrated, with a focus on the conduct and diligence of the party seeki....
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 applied strictly, and delay in filing appeals can only be condoned on sufficient cause, which was not established in this case.
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....
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