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SAURABH SHYAM SHAMSHERY
Bharat Lal – Appellant
Versus
State of U. P. – Respondent
| Table of Content |
|---|
| 1. discussion on the case's factual background and procedural history. (Para 2 , 3 , 4) |
| 2. arguments regarding the condonation of delay and its justification. (Para 9 , 10 , 11) |
| 3. court observations on the need for a strict approach to delay. (Para 12 , 14 , 18) |
| 4. legal reasoning focused on revisiting the jurisdictional decisions. (Para 20 , 21 , 22) |
| 5. final decision regarding the disposition of the writ petition. (Para 24 , 25) |
JUDGMENT
Saurabh Shyam Shamshery, J.
Heard Sri R.C. Singh, learned Senior Counsel assisted by Sri Pradeep Singh Sengar, learned counsel for petitioners and Sri Ram Kumar Pal, learned counsel for respondent No.4
2. Facts of the present case in brief are as follows:
The court emphasized that extraordinary delays in appeal require strict scrutiny, asserting that sufficient cause must be demonstrated to justify condonation, balancing justice with the rights accrue....
Condonation of extraordinary delay requires proper explanation; courts must balance substantial justice against accrued rights and ensure genuine reasons are provided.
Point of Law : It is only after that application is allowed, appeal can be entertained and heard on merits.
Point of Law : It is well settled proposition of law that existence of sufficient cause is sine quo non, for condonation of delay. In absence of being any finding that cause shown is sufficient delay....
The main legal point established in the judgment is the need to consider the grounds for delay condonation and the liberal approach to adjudicate an issue on its merits.
The main legal point established in the judgment is the need for convincing and acceptable reasons for condonation of delay, emphasizing that the length of delay is not material, but the reasons stat....
Inordinate delay in filing an appeal must be adequately explained; failure to do so results in dismissal of the petition.
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