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1 - 4 of 4 (0.37 seconds)Section 35 in The Gujarat Prevention of Fragmentation and Consolidation of Holdings Act, 1947 [Entire Act]
The Transfer Of Property Act, 1882
Sheo Raj Singh(D) Tr.Lrs.. vs Union Of India on 9 October, 2023
Indeed, one of us [Dipankar Datta] in Sheo Raj
Singh v. Union of India, (2023) 10 SCC 531 authoring
the judgment for a coordinate Bench adopted the view
taken in Katiji (supra), Ramegowda (supra) and a host
of other decisions following the same while not
interfering with an order of condonation of delay passed
by the relevant high court. However, it was observed
that a distinction ought to be drawn between an
explanation and an excuse that is proffered as cause for
condonation of delay. It was also emphasized that a
different approach has to be adopted while this Court is
considering an application for condonation of delay in
presentation of an appeal/application and when it sits in
appeal over a discretionary order of the high court
granting the prayer for condonation of delay. In the
case of the former, whether to condone or not would be
the only question whereas in the latter, whether there
has been proper exercise of discretion in favour of grant
of the prayer for condonation has to be examined.
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