Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Delay/laches |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 Referred Case 6 Referred Case 7 Referred Case 8 Referred Case 9 Referred Case 10 Referred Case 11 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Issue for consideration:Whether the High Court was justified in condoning the delay inpresentation of the appeal; and whether the department had shownsufficient cause for which the appeal could not be presented withinthe prescribed period of limitation.Delay/laches – Condonation of – Exercise of discretionarypower – High Court condoned the delay of around 479 daysin presentation of the appeal by the Department from thedecision of the Reference Court whereby it had enhancedcompensation payable to the landownersHeld: Substantive rights of private parties and the State are notdefeated at the threshold simply due to technical considerationsof delay – However, condonation of delay being a discretionarypower available to courts, exercise of discretion must necessarilydepend upon the sufficiency of the cause shown and the degreeof acceptability of the explanation, the length of delay beingimmaterial – There is no formula that caters to all situations –Sometimes, due to want of sufficient cause being shown or anacceptable explanation being proffered, delay of the shortestrange may not be condoned whereas, in certain other cases,delay of long periods can be condoned if the explanation issatisfactory and acceptable – Courts must distinguish betweenan ‘explanation’ and an ‘excuse’ – High Court did not exercisediscretion in an arbitrary manner – Order under challenge hadto be a clearly wrong order so as to be liable for interference,which it is not – High Court’s decision to condone the delay onaccount of the department’s inability to present the appeal withintime, for the reasons assigned therein, does not suffer from anyerror warranting interference – An exercise of discretion does, attimes, call for a liberal and justice-oriented approach by Courts,where certain leeway could be provided to the State – Hiddenforces that are at work in preventing an appeal by the State beingpresented within the prescribed period of limitation so as not toallow a higher court to pronounce upon the legality and validity ofan order of a lower court and thereby secure unholy gains, cannotbe ignored – Impediments in the working of the grand scheme ofgovernmental functions have to be removed by taking a pragmaticview on balancing of the competing interests – Thus, the impugnedorder reasonably condoned the delay caused in presenting theappeal before the High Court. [Para 29, 30, 32, 37, 38]Delay/laches – Condonation of – An ‘explanation’ and an‘excuse’ offered for the delay – Difference between:Held: Courts must distinguish between an ‘explanation’ and an‘excuse’ – Care must be taken to distinguish explanation fromexcuse – An ‘explanation’ is designed to give someone all of thefacts and lay out the cause for something – It helps clarify thecircumstances of a particular event and allows the person to pointout that something that has happened is not his fault, if it is reallynot his fault – An ‘excuse’ is often offered by a person to denyresponsibility and consequences when under attack. |
Judge | Hon'ble Mr. Justice Dipankar Datta |
Neutral Citation | 2023 INSC 885 |
Petitioner | Sheo Raj Singh (deceased) Through Lrs. & Ors. |
Respondent | Union Of India & Anr. |
SCR | [2023] 13 S.C.R. 743 |
Judgement Date | 2023-10-09 |
Case Number | 5867 |
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