Back
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Tarlok Singh Chauhan, Sujit Narayan Prasad
State of Jharkhand through the Secretary, Department of Higher, Technical Education and Skill Development – Appellant
Versus
Nawal Kishore Oraon – Respondent
ORDER :
1. The instant intra-court appeal, under clause 10 of the Letters Patent, is directed against the order dated 10.04.2024 passed by learned Single Judge of this Court in W.P. (S) No. 2914 of 2020 by which the writ petition has been allowed.
I.A. No. 830 of 2025:
2. The instant appeal is admittedly barred by limitation since as per the office note dated 23.01.2025, there is delay of 256 days in preferring the appeal, therefore, an application being I.A. No. 830 of 2025 has been filed for condoning such delay. 3. This Court, after taking into consideration the fact that the instant intra-court appeal has been filed after inordinate delay of 256 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 applicant-appellant has submitted that delay in preferring the appeal may be condoned by allowing the 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 impugned order was passed
The court held that administrative delays are insufficient for condoning significant delays in appeals, emphasizing the importance of strict adherence to limitation laws and the necessity for bona fi....
A comprehensive understanding of delay condonation necessitates showing bona fide reasons and adequate justification, especially for governmental appellants, with established precedents reinforcing t....
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 applications for condonation of delay must demonstrate sufficient cause, with negligence and lack of bona fides leading to dismissal.
Sufficient cause must be shown for condoning delay in filing appeals; lack of diligence and negligence is crucial for the court's discretion.
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
