Back
IN THE HIGH COURT OF JHARKHAND AT RANCHI
M.S. RAMACHANDRA RAO, C.J., RAJESH SHANKAR
State of Jharkhand – Appellant
Versus
Surendra Kumar Singh, son of Late Anjani Singh – Respondent
| Table of Content |
|---|
| 1. procedural delay in filing appeal. (Para 1 , 2 , 3 , 4 , 5 , 6) |
| 2. limitations on delay for government claims. (Para 7 , 8) |
| 3. judicial standards for condoning delay. (Para 9 , 10 , 11 , 12 , 13 , 14) |
| 4. outcome: application and appeal dismissed. (Para 15 , 16) |
JUDGMENT :
Per M.S. Ramachandra Rao, C.J.
1) The instant interlocutory application is filed under Section 5 of the Limitation Act, 1963 by the applicants to condone the delay of 211 days in filing this appeal challenging the judgment dt. 6.2.2023 of the learned Single Judge passed in W.P.(S) No. 3665 of 2019.
2) In the application filed seeking condonation of delay, it is stated that the judgment of the learned Single Judge was forwarded to Deputy Director of the applicants’ department through a noting dt. 14.3.2023 and it was placed before the Additional Chief Secretary on 21.3.2023, who then asked for discussion on the matter with the service record. It is stated that thereafter proposal to seek the service record from the Civil Surgeon was moved and it was approved on 28.4.2023. The Civil Surgeon, Palamu then sent the record through his letter dt. 3.5.2023. Thereafter the file was again placed before the Addit
The court ruled that governmental entities must adhere to the same limitation periods as private litigants and cannot mechanically condone delays without sufficient cause.
The court ruled that governmental entities must demonstrate diligence in filing appeals, and bureaucratic delays do not suffice as grounds for condonation of delay under the Limitation Act.
The court emphasized the necessity of diligence in filing appeals and rejected bureaucratic inefficiency as a valid excuse for delay in legal proceedings.
Government departments must adhere to limitation periods; bureaucratic delays do not justify condonation of significant delays in legal proceedings.
The court ruled that bureaucratic delays do not constitute sufficient cause for condonation of delay in filing appeals, emphasizing that the law of limitation binds all parties.
The court emphasized that government entities must demonstrate diligence in adhering to the statutory limit for appeal filing and cannot claim special treatment in delay situations without sufficient....
The court underscored that delays due to administrative negligence cannot justify condonation in legal proceedings, particularly for state agencies, emphasizing the importance of diligence in adherin....
Both public entities and individuals are strictly bound by the law of limitation, and dilatory conduct without sufficient reason does not merit condonation of delay in legal proceedings.
The law of limitation applies universally, and bureaucratic delays do not constitute sufficient cause for condoning inordinate delays in filing appeals.
Delay in filing an appeal may not be condoned without a sufficient cause shown, emphasizing the importance of diligence and adherence to limitation periods in judicial proceedings.
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
