Courts Must Balance Citizen's Rights & Adherence To Timelines, Delay Must Not Be Exploited: J&K High Court
1 week, 4 days ago

Courts Must Balance Citizen's Rights & Adherence To Timelines, Delay Must Not Be Exploited: J&K High Court

Live Law  

The Jammu and Kashmir and Ladakh High Court has underscored the necessity of distinguishing between genuine explanations for delays and inordinate, unexplained delays in judicial matters. The Court held that while it has a duty to protect citizens' rights, it must remain vigilant against allowing parties to misuse the system by approaching courts at their convenience without sufficient cause. They argued the delay was unjustified and pointed to the appellant's consistent failure to honor court obligations, despite engaging a new counsel in January 2023. Referring to Supreme Court judgments, including Union of India v. Jahangir Byramji Jeejeebhoy and Pathapati Subba Reddy v. Special Deputy Collector, the court reiterated that that the law of limitation serves public policy by ensuring the timely resolution of disputes and courts are obligated to reject appeals filed beyond limitation without sufficient cause. “The appellant initiated steps for filing an application under Order IX Rule 13 and application for condonation of delay, after the notice was issued upon her in the execution petition filed by the respondent on 11.07.2023, which indicates that she was following the proceedings filed by the respondent”, the court remarked.

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History of this topic

Jammu & Kashmir And Ladakh High Court Weekly Round-Up: December 9 - December 15, 2024
1 week ago

Jammu & Kashmir And Ladakh High Court Weekly Round-Up: December 9 - December 15, 2024

Live Law  

Nominal Index: Anand Vs Union of India 2024 LiveLaw 330 Shakeel Mohd Vs UT Of J&K 2024 LiveLaw 331 M/s Mir Sons Constructions Pvt. Ltd Vs. Union Territory of J&K 2024 LiveLaw 332 Govind Ram Vs Vidhya Devi 2024 LiveLaw 333 Pawan Singh Rathore Vs Devinder Singh Katoch 2024 LiveLaw 334 Shabnam Soodan Vs Seema Gupta 2024 LiveLaw 335 Avtar …

"Reasons Are Heartbeat Of Every Conclusion": J&K High Court Quashes Order Lacking Reasons For Condonement Of Delay
8 months, 2 weeks ago

"Reasons Are Heartbeat Of Every Conclusion": J&K High Court Quashes Order Lacking Reasons For Condonement Of Delay

Live Law  

The Jammu and Kashmir and Ladakh High Court has reiterated the fundamental principle that reasons form the bedrock of sound judicial decisions. A bench of Justice Javed Iqbal Wani emphasised that reasons are the heartbeat of every conclusion and struck down an order that failed to explain the rationale behind condoning a significant delay in an appeal. Balbir Singh, Pritam …

No Concession For Dilatory Tactics: Kerala High Court Refuses To Condone 10 Yrs Delay In Filing Appeal
1 year, 1 month ago

No Concession For Dilatory Tactics: Kerala High Court Refuses To Condone 10 Yrs Delay In Filing Appeal

Live Law  

The Kerala High Court recently refused to condone a delay of 3,366 days in filing an appeal against the judgment and decree passed by a Munsiff Court in a civil suit. The appellant herein had filed an application before the Sub Court, Sulthanbathery, seeking condonation of delay of 3,366 days in filing an appeal against the decree and judgment in …

Liberal Approach Be Taken Regarding Delay In Appeals Filed By State : Supreme Court
1 year, 2 months ago

Liberal Approach Be Taken Regarding Delay In Appeals Filed By State : Supreme Court

Live Law  

The Supreme Court, recently, while deciding over a discretionary order of the High Court granting the prayer for condonation of delay observed that such an exercise of discretion does, at times, call for a liberal and justice-oriented approach by the Courts, where certain leeway could be provided to the State. By its impugned order, the High Court had allowed an …

Supreme Court Dismayed At Gujarat High Court Delaying Rape Victim's Plea For Abortion; Says 'Valuable Time Lost'
1 year, 4 months ago

Supreme Court Dismayed At Gujarat High Court Delaying Rape Victim's Plea For Abortion; Says 'Valuable Time Lost'

Live Law  

The Supreme Court on Saturday held a special sitting to urgently hear the plea of a rape victim for termination of pregnancy which is nearing 28 weeks. The woman approached the Supreme Court after the Gujarat High Court refused her relief.A bench comprising Justices BV Nagarathna and Ujjal Bhuyan held the special sitting at 10.30 AM.The petitioner's lawyer Advocate Shashank …

Can't Condone Delay If Applicant Fails To Show ‘Sufficient Cause’ For The Delay: Jharkhand High Court Reiterates
1 year, 10 months ago

Can't Condone Delay If Applicant Fails To Show ‘Sufficient Cause’ For The Delay: Jharkhand High Court Reiterates

Live Law  

The Jharkhand High Court has reiterated that the court should not allow an application for condonation of delay until and unless the applicant satisfies the court that he was prevented by any ‘sufficient cause’ from prosecuting the case. While dismissing the second appeal, Justice Sanjay Kumar Dwivedi observed: “The applicant must satisfy the Court that he was prevented by. While …

Delay In Filing Appeal; Incorrect Particulars: Supreme Court Imposes Rs One Lakh Costs On UP Government For Casual Approach
2 years ago

Delay In Filing Appeal; Incorrect Particulars: Supreme Court Imposes Rs One Lakh Costs On UP Government For Casual Approach

Live Law  

Pointing out that the State litigation cannot be so 'casual', the Supreme Court of India recently rapped the Uttar Pradesh government for filing an appeal plea quite belatedly, with incorrect particulars. "A cursory reference to the pandemic situation is baseless for the reason that no such situation was prevalent on the date of passing of the order by the High …

Rights Accrued To Others Due To Delay In Approaching Court Shouldn't Be Disturbed If Delay Is Unexplained: Allahabad High Court
2 years, 9 months ago

Rights Accrued To Others Due To Delay In Approaching Court Shouldn't Be Disturbed If Delay Is Unexplained: Allahabad High Court

Live Law  

The Allahabad High Court has observed that the time-barred cases should not be entertained by Courts as the rights, which have accrued to others by reason of delay in approaching the Court, cannot be allowed to be disturbed unless there is a reasonable explanation for the delay.The Bench of Justice Manju Rani Chauhan observed thus as it dismissed a Writ …

Sufficiency of cause does not give indefeasible legal right to ‘perpetual litigant’: HC
3 years, 1 month ago

Sufficiency of cause does not give indefeasible legal right to ‘perpetual litigant’: HC

Hindustan Times  

The Punjab and Haryana high court has rapped the Uttar Haryana Bijli Vitran Nigam for delay in challenging a lower court order stating that even sufficiency of cause does not result in any indefeasible legal right to a “perpetual litigant” such as UHBVN. The court observed that the explanation given by the UHBVN does not inspire confidence as specific dates …

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