Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Sufficient cause Limitation |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Land Acquisition Act, 1894 - s. 54 - Time barred appeal- Appeals under - Dismissal of, by High Court .on ground oflimitation, after dismissal of applications for condonation ofdelay - Justification - Held: Justified - Condonation of delayis to be based on sound legal parameters - In the instantcase, there was a delay of 5-112 years in filing the appeals u/s.54 before the High Court - The only explanation offered forapproaching the court at such a belated stage was that oneof the appellants had taken ill -No "sufficient cause" given bythe appellants which prevented them to approach the Highcourt within limitation - No court could be justified in condoningsuch an inordinate delay - Limitation Act, 1963 - s.5.Limitation - Statute of - Aim and rationale - Public policy- To secure peace in the community, to suppress fraud andperjury, to quicken diligence and to prevent oppression - Held:Limitation prevents disturbance or deprivation of what mayhave been acquired in equity and justice by long enjoymentor what may have been lost by a party's own inaction,negligence' or laches - The law of limitation may harshly affecta particular party but it has to be applied with all its rigour whenthe statute so prescribes - The Court has no power to extendthe period of limitation on equitable grounds - Maxims -Maxim "dura Jex sed Jex"Constitution of India, 1950 -Article 14 - Scope of - Held:It is not meant to perpetuate illegality or fraud, even byextending the wrong decisions made in other cases - The said provision does not envisage negative equality but has onlya positive aspect - If an illegality and irregularity has beencommitted in favour of an individual or a group of individualsor a wrong order has been passed by a Judicial forum, otherscannot invoke the jurisdiction of the higher or superior court for repeating or multiplying the same irregularity or illegalityor for passing a similarly wrong order - Doctrines - Doctrineof equality. |
Judge | Hon'ble Dr. Justice B.S. Chauhan |
Neutral Citation | 2013 INSC 551 |
Petitioner | Basawaraj & Anr. |
Respondent | The Spl. Land Acquisition Officer |
SCR | [2013] 8 S.C.R. 227 |
Judgement Date | 2013-08-22 |
Case Number | 6974 |
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