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PANKAJ JAIN
Punjab State Co-op Supply Marketing Federation (Marked) – Appellant
Versus
Financial Commissioner (Co-operation), Punjab – Respondent
| Table of Content |
|---|
| 1. petitioner claims loss due to negligence. (Para 1 , 2) |
| 2. appeals filed beyond prescribed period. (Para 3 , 19) |
| 3. condonation of delay arguments presented. (Para 4 , 5 , 6) |
| 4. dispute over authority's power to condone delay. (Para 10 , 11 , 12 , 13) |
| 5. condoning delay aligns with cooperative movement objectives. (Para 14 , 15 , 20 , 22 , 23) |
| 6. court remands case for reconsideration of delay. (Para 25 , 26) |
JUDGMENT
Mr. Pankaj Jain, J. (Oral)
The afore-captioned 11 writ petitions involve common question of law based upon common set of facts. For convenience, facts are being taken from CWP- 1187-2017.
2. Petitioner is a co-operative society. Respondent No.4 was working as Field Officer with the petitioner and was custodian of Wheat stocks for the year 1998-99, 2000-01. Petitioner-Department claims that due to negligence of respondent No.4, the petitioner suffered a loss of Rs.69,83,741/- owing to shortage and rate difference in the wheat crop for the crop years, he was custodian of the crop. Arbitration proceedings under Section 55 -56 of the Punjab Cooperative Societies Act, 1961 (in short 1961 Act') were initiated against respondent No.4 for recovery of 50% of total lo
The provisions of the Limitation Act, including Section 5, apply to appeals under the Himachal Pradesh Cooperative Societies Act, allowing for delay condonation if sufficient cause is shown.
The Limitation Act, 1963 applies to proceedings under the Bengal Co-operative Societies Act, unless expressly excluded.
The main legal point established in the judgment is that the doctrine of condonation of delay should be applied judiciously, taking into account the circumstances and the impact of external factors s....
The court may condone delays in filing appeals where sufficient cause is shown, including circumstances beyond a party's control, advocated particularly in light of unprecedented events like a pandem....
The law of limitation is strict and must be adhered to; bureaucratic delays are not sufficient grounds for condoning delays in filing appeals.
The court emphasized that delay in filing appeals must be strictly justified, and lack of bona fides or negligence can prevent condonation of delay.
The court ruled that under the Right to Fair Compensation and Transparency in Land Acquisition Act, 2013, appeals must be filed within 120 days, and the court has no power to condone delays beyond th....
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