9911796707
Advanced Search 
TMI Blog2007 (1) TMI 558X X X X Extracts X X X X X X X X Extracts X X X X ..... y Medical Corps, Lucknow in September, 1965. In 1982 he suffered from medical problem of weak eyesight and he became almost 80% disabled, despite being getting the treatment. Therefore, he was placed under low medical category by the Medical Board. He was relieved from the service being invalidated out of service. In 1983 appellant claimed disability pension for the 80% disability. It was rejected by the Chief Controller of Defence Accounts (Pension), Allahabad. Appellant claims that he had filed appeal before the appellate authority but there no reply was given. Since there was no intimation regarding any order in the appeal, he filed the writ petition in 2005. His prayer was for grant of disability pension. The High Court dismissed the wr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... judicially and reasonably. What was stated in this regard by Sir Barnes Peacock in Lindsay Petroleum Company v. Prosper Armstrong Hurd etc., (1874) 5 P.C. 221 at page 239 was approved by this Court in The Moon Mills Ltd. v. M.R. Meher, President, Industrial Court, Bombay and Ors. (AIR 1967 SC 1450) and Maharashtra State Road Transport Corporation v. Balwant Regular Motor Service, Amravati and Ors. (AIR 1969 SC 329), Sir Barnes had stated: "Now the doctrine of laches in Courts of Equity is not an arbitrary or technical doctrine. Where it would be practically unjust to give a remedy either because the party has, by his conduct done that which might fairly be regarded as equivalent to a waiver of it, or where by his conduct and neglect he ha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ercised after unreasonable delay, it may have the effect of inflicting not only hardship and inconvenience but also injustice on third parties. It was pointed out that when writ jurisdiction is invoked, unexplained delay coupled with the creation of third party rights in the meantime is an important factor which also weighs with the High Court in deciding whether or not to exercise such jurisdiction. It has been pointed out by this Court in a number of cases that representations would not be adequate explanation to take care of delay. This was first stated in K.V. Raja Lakshmiah v. State of Mysore (AIR 1967 SC 993). There is a limit to the time which can be considered reasonable for making representations and if the Government had turned d ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
