Back
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Sujit Narayan Prasad, Arun Kumar Rai
Sita Kumari – Appellant
Versus
State of Jharkhand through the Secretary, Water Resources Department – Respondent
ORDER:
Sujit Narayan Prasad, J.
1. The instant intra-court appeal, under clause 10 of the Letters Patent, is directed against the order/judgment dated 03.02.2017 passed by learned Single Judge of this Court in W.P. (S) No. 3923 of 2014 whereby and whereunder the writ petition has been dismissed by refusing to pass any positive direction in favour of the appellant.
I.A. No. 8757 of 2023
2. The instant appeal is admittedly barred by limitation since there is delay of 1224 days in preferring the appeal, therefore, an application being I.A. No. 8757 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 filed after inordinate delay of 1224 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-petitioner 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 ground for condoning the delay in preferring the appeal, as has been me
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....
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 court emphasized that sufficient cause must be shown for condoning delay in filing appeals, with negligence and inaction being critical factors.
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 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 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 delay in filing appeals must be condoned only when sufficient cause is shown, with strict adherence to the law of limitation.
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
