Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Limitation Act 1963 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Limitation Act, 1963: Applicability to Special laws – Held: Where period of limitation are prescribed under special laws, appeals that exceed the period granted in the special laws can be entertained at the discretion of the tribunal and Limitation act would not apply – National Green Tribunal Act, 2010. General Clauses Act – Applicability of, to appeals filed under the NGT Act – Held: s.10 of General Clauses Act stipulates when the last date for doing something falls on a public holiday, the act shall be considered as done, if it is done or taken on the next day afterwards on which the Court or office is open – This provision applies to all Central Acts enacted after the said Act was brought into force – Therefore, s.10 applies proprio vigore to all appeals filed under the NGT Act – National Green Tribunal Act, 2010. National Green Tribunal Act, 2010: s.16 – Approach of the Court in considering the application for condonation of delay – The term ‘sufficient cause’ is relative, fact dependant, and has many hues, largely deriving colour from the facts of each case, and the behaviour of the litigant who seeks condonation of delay (in approaching the court) – Appellant pleaded that since the documentation attendant to the clearance granted to the Project Applicant was voluminous, and expert as well as professional legal advice of the kind necessary to approach the NGT was not available in the State of Andhra Pradesh, the procuring of relevant documents, and correspondence with counsel in Delhi and drafting of the appeal entailed some delay – In approaching NGT, scientific or technical support is necessary apart from expert professional legal advice – Rejection of appeal by dismissing application for condonation of delay, on the ground that no sufficient cause was shown, was erroneous discretion of NGT – An appeal to the NGT in such matters is no ordinary matter – The delay in filing the appeal before the NGT is condoned. |
Judge | Hon'ble Mr. Justice S. Ravindra Bhat |
Neutral Citation | 2021 INSC 141 |
Petitioner | Sridevi Datla |
Respondent | Union Of India And Ors. |
SCR | [2021] 13 S.C.R. 282 |
Judgement Date | 2021-03-02 |
Case Number | 3136 |
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