M. S. RAMACHANDRA RAO, SUKHVINDER KAUR
State of Haryana Through Secretary Home Department – Appellant
Versus
Mahender Singh – Respondent
| Table of Content |
|---|
| 1. condonation of delay procedure applied. (Para 1 , 2 , 3) |
| 2. details of delay in filing appeal explained. (Para 4 , 5 , 6 , 7 , 8 , 9 , 10) |
| 3. respondent's contention against delay condonation. (Para 11) |
| 4. court notes procrastination in decision-making. (Para 12 , 13 , 14 , 15) |
| 5. government must provide reasonable justifications for delay. (Para 16 , 17 , 18) |
| 6. court finds delay unjustified and dismisses application. (Para 19) |
| 7. final order dismissing appeal and application. (Para 20 , 21 , 22) |
JUDGMENT
M.s. Ramachandra Rao, J.
CM-2854-LPA-2018
This application is filed to condone the delay of 63 days in re-filing of the appeal.
2. For the reasons assigned in the application, the same is allowed and the delay of 63 days in re-filing of the appeal is hereby condoned.
3. CM stands disposed of.
CM-2855-LPA-2018 and
LPA-1065-2018 (O&M)
4. This application is filed for condoning the delay of 291 days in filing of the appeal.
5. In this application, it is stated that this LPA is preferred against the judgment dt.18.04.2017 passed by the learned Single Judge in CWP-4139-2016; that the copy of the order was downloaded from the website of the High Court on 25.04.2017; and the cas
Office of the Chief Post Master General v. Living Media India Limited (2012) 3 SCC 563
State of Madhya Pradesh v. Bherulal (2020) 11 SCALE 688
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.
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 established that the State must provide a reasonable explanation for delays in legal proceedings, as the law of limitation applies equally to all parties.
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 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 emphasized that administrative inaction does not justify delay in legal proceedings, and that adequate cause must be shown, especially by State authorities.
The law of limitation applies universally, and bureaucratic delays do not constitute sufficient cause for condoning inordinate delays in filing appeals.
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