2018 (6) TMI 254

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..... doubt held that the legislature has conferred the power to condone the delay to enable the Courts to do substantial justice to parties by disposing of the matters on merits. In the case in hand the delay is inordinate, there is no effort to explain even in the application for condonation of delay that the applicant or any concerned person working for it was not aware of legal provisions as to the limitation. It is not even the applicant’s case that they tried seeking advice by which the delay has occurred. The explanation put forth in bits and pieces, would not take us anywhere to even appreciate the attempts by the applicant. It is not a fit case for exercising the discretion of condoning the delay - application for COD rejected. - .....

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..... ecords. 5. Admittedly, the delay sought to be condoned is inordinate. The Hon ble Supreme Court in the case of Collector, Land Acquisition Anantnag and Another v. MST. Katiji and Others 1987 (28) ELT 185 (S.C.) has no doubt held that the legislature has conferred the power to condone the delay to enable the Courts to do substantial justice to parties by disposing of the matters on merits. The Hon ble Supreme Court has also laid down guidelines for the lower courts in the matters where delay is involved. For the sake of convenience, the ratio is extracted as below:- 3. The legislature has conferred the power to condone delay by enacting Section 5 of the Indian Limitation Act of 1963 in order to enable the Courts to do substantial ju .....

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..... hat delay is occasioned deliberately, or on account of culpable negligence, or on account of mala fides. A litigant does not stand to benefit by resorting to delay. In fact he runs a serious risk. 6. It must be grasped that judiciary is respected not on account of its power to legalize injustice on technical grounds but because it is capable of removing injustice and is expected to do so. 5.1 Hon ble Supreme Court has again explained the law on the limitation very succinctly, in the case of Chief Post Master General v. Living Media India Ltd. 2012 (3) SCC 563 (SC) to further hold that law of limitation undoubtedly binds everybody including the Government. 5.2 In the case in hand as indicated above the delay is inordinate, th .....

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