State - appellants vs Smt. Sulekha Sarkar and Sri Dilip Sarkar

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2012 Supreme(Online)(Gau) 17

GAUHATI HIGH COURT
Mr. J. Majumder, J
State - appellants – Appellant
Versus
Smt. Sulekha Sarkar and Sri Dilip Sarkar – Respondent

Advocates:
For the Appellants/Petitioners: Mr. J. Majumder
For the Respondents: Mr. S. Deb, Mr. S. B. Debnath

Table of Content
1. delay in filing appeal must meet judicial scrutiny. (Para 1 , 2 , 3)
2. compensation claims arise from state liability in wrongful acts. (Para 4)
3. factual recount of state's alleged wrongful actions against citizens. (Para 5 , 6)
4. judicial powers extend to compensating victims of state action. (Para 7 , 8)
5. court decides against condoning delay; affirms compensation rights. (Para 9 , 10)

1For filing the writ appeal against the judgment & order, dated 06-06-2012, as passed in WP (C) 296/2011, the delay of 146 (one hundred and forty six) days has occurred and for condoning such delay this miscellaneous application, under Chapter VA of the Gauhati High Court Rules, has been filed by the State - appellants.

2. Heard Mr. J. Majumder, learned counsel, appearing for the State - appellants and Mr. S. Deb, learned senior counsel, assisted by Mr. S. B. Debnath, learned counsel, appearing for the respondent No. 1.

3. In response to the notice, as issued by the order dated 25-01-2012, the respondents appeared and filed objection to the prayer for condonation of delay. Causes as assigned in this application for explaining the delay can be encapsulated as follows :
(a) The co