TMI Blog2015 (7) TMI 21X X X X Extracts X X X X X X X X Extracts X X X X ..... ustified and cannot furnish any ground for ignoring delay and laches. Same view has been reiterated by this Court in Jagdish Lal & Ors. v. State of Haryana & Ors. [1997 (5) TMI 423 - SUPREME COURT]. In M/s. Rup Diamonds & Ors. v. Union of India & Ors.[1989 (1) TMI 217 - SUPREME COURT OF INDIA], this Court considered a case where petitioner wanted to get the relief on the basis of the judgment of this Court wherein a particular law had been declared ultra vires. The Court rejected the petition on the ground of delay and laches. - Decided against the appellants. - SPECIAL LEAVE PETITION (CIVIL) NOS.6609-6613 OF 2014 - - - Dated:- 24-3-2014 - DR. B.S. CHAUHAN AND CHELAMESWAR, JJ. ORDER 1. These petitions have been filed challen ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... etitions. 5. Shri Shish Pal Laler, learned counsel appearing for the petitioners has submitted that it was a fit case where the delay ought to have been condoned and the High Court has committed an error in not entertaining the appeal on merit. 6. The High Court had given cogent and valid reasons and relied upon large number of judgments of this Court while rejecting the application for condonation of delay including Mewa Ram (Deceased by L.Rs) Ors. v. State of Haryana, AIR 1987 SC 45; State of Nagaland v. Lipok AO Ors., AIR 2005 SC 2191; and D. Gopinathan Pillai v. State of Kerala Anr., AIR 2007 SC 2624. 7. The issues of limitation, delay and laches as well as condonation of such delay are being examined and explained every ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rt in Esha Bhattacharjee v. Raghunathpur Nafar Academy Ors. (2013) 12 SCC 649 laid down various principles inter alia: x x x v) Lack of bona fides imputable to a party seeking condonation of delay is a significant and relevant fact vi) The concept of liberal approach has to encapsule the conception of reasonableness and it cannot be allowed a totally unfettered free play x x x ix) The conduct, behavior and attitude of a party relating to its inaction or negligence are relevant factors to be taken into consideration. It is so as the fundamental principle is that the courts are required to weigh the scale of balance of justice in respect of both parties and the said principle cannot be given a total go by in the name of lib ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... petition should be considered ignoring the delay and laches on the ground that he filed the petition just after coming to know of the relief granted by the Court in a similar case as the same cannot furnish a proper explanation for delay and laches. The Court observed that such a plea is wholly unjustified and cannot furnish any ground for ignoring delay and laches. 14. Same view has been reiterated by this Court in Jagdish Lal Ors. v. State of Haryana Ors., AIR 1997 SC 2366, observing as under: Suffice it to state that appellants kept sleeping over their rights for long and elected to wake-up when they had the impetus from Vir Pal Chauhan and Ajit Singh s ratios Therefore desperate attempts of the appellants to re-do the senio ..... X X X X Extracts X X X X X X X X Extracts X X X X
|