Back
M. S. RAMACHANDRA RAO, SUKHVINDER KAUR
State of Haryana – Appellant
Versus
Rameshwar Kaushik – Respondent
| Table of Content |
|---|
| 1. application seeking condonation of delay. (Para 1) |
| 2. arguments regarding the right to appeal. (Para 2 , 4 , 5) |
| 3. court's evaluation of delay explanation. (Para 3 , 15 , 16) |
| 4. right to appeal and remedy under cpc. (Para 12 , 14) |
| 5. standards for government delay in appeals. (Para 17 , 18 , 19 , 20 , 21) |
| 6. dismissal of appeal and application. (Para 22 , 23 , 24) |
JUDGMENT
Mr. M.S. Ramachandra Rao, J. (Oral)
CM-268-LPA-2018 & LPA No.123 of 2018
This is an application filed by the State of Haryana and others appellants seeking condonation of delay of 387 days in filing the accompanying appeal challenging a clarification issued by the learned Single Judge on 20.10.2016 in CM-6315-CWP-2014 in CWP-8058-2009 of the order passed by him on 25.02.2010.
2. In the application filed for condonation of delay, it is contended that the appellants had considered the matter at different levels and felt that the relief granted by the learned Single Judge in C-6315- CWP-2014 was not legally tenable and then decided to file LPA against the order dated 20.10.2016 passed by the learned Single Judge. According to the application, the Additional Chief Secretary to Government of Haryana, Educat
Sufficient cause must be demonstrated for condonation of delay; bureaucratic inefficiencies do not qualify as valid reasons under law, as legal deadlines apply equally to 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....
Government departments must adhere to limitation periods; bureaucratic delays do not justify condonation of significant delays in legal proceedings.
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....
The law of limitation applies universally, and bureaucratic delays do not constitute sufficient cause for condoning inordinate delays in filing appeals.
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.
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.
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
