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2006 Supreme(All) 3243

V.C.MISRA, AMITAVA LALA
STATE OF U. P. , ETC. ETC. – Appellant
Versus
VIJAI PRAKASH BAJPAIETC. – Respondent


Advocates appeared:
C.B. Yadav, Chief Standing Counsel and Shiv Nath Singh, Addl. CSC for the Appellants; A.K. Tewari, D.B. Misra, Rahul Chaturvedi, H.N. Shukla and R.R. Shukla for the Respondents.

JUDGMENT

Hon’ble Amitava Lala, J.—This Court is regularly observing that several Special Appeals are being placed in the list as ‘Special Appeal Defective’. On enquiry we have come to know that whenever Special Appeals are filed with application for condonation of delay, such appeals are normally being treated as ‘Special Appeal Defective’ in the list. Upon going through the records of the individual cases, we find that most of such appeals are filed by the State in the routine manner on some pretext or other. This gives us the impression whether latitude is to be shown to the appellant as because it is a State as a matter of course without verifying the sufficiency of the cause applicable to them or we shall shut our eyes, as because State is not similarly placed with an individual. Against this background we have to consider the individual applications.

2. In further, the present policy of the government, either Union or the State is that there should be sufficient curtailment of red-tapism to go ahead. The procedures are getting liberalized in respect of all activities in connection with public interest. If it is so, why the same principle will not be adopted in case of Court proc



























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