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SHAMIM AHMED
Shyamji Tripathi – Appellant
Versus
State of Uttar Pradesh – Respondent
JUDGMENT :
SHAMIM AHMED, J.
1. Heard Sri Ashutosh Pandey, learned counsel for the petitioner and Sri Rajeev Verma, learned A.G.A.-1 for the State.
2. This writ petition has been filed with the following prayer:
(ii) A writ, order or direction in the nature of Mandamus directing and commanding the opposite parties not to harass the petitioner.
(iii) A writ, order or direction in the nature of Mandamus directing and commanding the opposite parties not to lodge frivolous cases against the petitioner.”
3. Learned counsel for the petitioner submits that vide impugned order dated 08.09.2011 passed in Case No. 174/2011, State Vs. Shyam Ji Tiwari, learned Session Judge granted police protection to opposite party No. 2 while he is in District Ambedkar Nagar and the said police protection continues even today. Learned counsel for the petitioner furthe
The court emphasized that petitions must be filed within a reasonable time, and failure to provide sufficient cause for delay can lead to dismissal.
The main legal point established in the judgment is that while 'sufficient cause' under Section 5 of the Limitation Act, 1963 should be liberally construed to advance substantial justice, parties mus....
Point of Law : Willful default, negligent attitude or casual approach in approaching the Court is not expected to be entertained.
The court emphasized that applications for condonation of delay should be decided on merits, prioritizing substantial justice over technicalities, especially when the delay is not due to negligence.
The court emphasized that ignorance of a court order due to counsel's negligence does not constitute sufficient cause for condoning delay in filing an appeal under Section 5 of the Limitation Act.
The court held that the application for condonation of delay under Section 5 of the Limitation Act should be construed liberally to ensure substantial justice, especially when the delay is influenced....
The main legal principle established is that delay in filing appeals should be condoned when sufficient cause is shown, especially to advance substantial justice. The discretion to condone delay shou....
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