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1 - 10 of 20 (0.05 seconds)Basawaraj vs The Special Land Acquisition Officer on 27 May, 2008
In the case of Basawaraj (supra), it is observed and held by this
Court that the discretion to condone the delay has to be exercised
judiciously based on facts and circumstances of each case. It is
further observed that the expression "sufficient cause" cannot
be liberally interpreted if negligence, inaction or lack of bona fides
is attributed to the party. It is further observed that even though
limitation may harshly affect rights of a party but it has to be
applied with all its rigour when prescribed by statute. It is further
observed that in case a party has acted with negligence, lack of
bona fides or there is inaction then there cannot be any justified
ground for condoning the delay even by imposing conditions. It is
observed that each application for condonation of delay has to be
decided within the framework laid down by this Court. It is further
observed that if courts start condoning delay where no sufficient
cause is made out by imposing conditions then that would amount
to violation of statutory principles and showing utter disregard to
legislature.
Section 144 in The Code of Civil Procedure, 1908 [Entire Act]
Pundlik Jalam Patil (D) By Lrs vs Exe.Eng. Jalgaon Medium Project & Anr on 3 November, 2008
In the case of Pundlik Jalam Patil (supra), it is observed by this
Court that the court cannot enquire into belated and stale claims
on the ground of equity. Delay defeats equity. The Courts help
those who are vigilant and "do not slumber over their rights".
Majji Sannemma @ Sanyasirao vs Reddy Sridevi on 16 December, 2021
17. Yet in another decision of the Apex Court in the case of Majji
Sannemma @ Sanyasirao vs. Reddy Sridevi (supra), while
considering various judgments and applying the principle, allowed
the appeal by quashing and setting aside the order of the High
Court whereby, delay of 1011 days caused in preferring the Second
Appeal, was condoned. The Apex Court, noted that the High Court
was not at all justified in exercising its discretion while condoning
such a huge delay, as the reasoning given were not germane.
Arjun Singh vs Mohindra Kumar & Ors on 13 December, 1963
In Arjun Singh v. Mohindra Kumar, AIR 1964 SC 993 this
Court explained the difference between a "good cause" and a
"sufficient cause" and observed that every "sufficient cause" is
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NEUTRAL CITATION
C/CRA/205/2013 JUDGMENT DATED: 08/08/2023
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a good cause and vice versa. However, if any difference exists it
can only be that the requirement of good cause is complied
with on a lesser degree of proof that that of "sufficient cause".
N. Balakrishnan vs M. Krishnamurthy on 3 September, 1998
It is submitted that the Apex Court, referred to
the judgment in the case of N. Balakrishnan vs. M. Krishnamurthy
(supra).
Ram Nath Sao @ Ram Nath Sahu And Others vs Gobardhan Sao And Others on 27 February, 2002
Madanlal v. Shyamlal, AIR 2002 SC 100; and Ram Nath Sao @
Ram Nath Sahu & Ors. v. Gobardhan Sao & Ors., AIR 2002 SC
1201.)