Supreme Court on Condonation of Delay on State’s application

“In cases involving the state and it’s agencies/instrumentalities, the court can take note of the fract that sufficient time is taken in the decision making process but no premimum can be given for total lethargy or utter negligence on the part of the officers of the state and/or it’s agencies/instrumentalities and the applications filed by them for condonation of delay cannot be allowed as a matter of course by accepting a plea that dismissal of the matter on the ground of bar of limitation will cause injury to the public Interest.”

…G S Singhvi J. in Maniben Devraj Shah v. Municipal Corpn. of Brihan Mumbai, (2012)

 

In a similar matter J. Sathasivam earlier in 2012 – held “In a matter of condonation of delay when there was no gross negligence or deliberate inaction or lack of bona fides, a liberal concession has to be adopted to advance substantial justice, a government department cannot take advantage of various earlier decisions. The claim on account of impersonal machinery and inherited bureaucratic methodology of making several notes cannot be accepted in view of the modern techonlogies being used and available. The law of limitation undoubtedly binds everybody including the government.

Post Master General v. Living Media Ltd. (2012) 3 SCC 563.

This judgments do well to take the trend exhibited in Mst. Katiji & G.Remgowda forward…..

 

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