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State Of H.P. And Ors vs Raj Kumar Brijender Singh And Ors on 22 April, 2004

In State of H.P. v. Rajkumar Brijender Singh this Court held that in the absence of any special circumstances a delay of 15 years in suo motu exercise of revisional power was impermissible as the delay was unduly long and unexplained. This Court observed: (SCC pp. 588-89, para 6) "6. We are now left with the second question which was raised by the respondents before the High Court, namely, the delayed exercise of the power under sub-section (3) of Section 20. As indicated above, the Financial Commissioner exercised the
Supreme Court of India Cites 0 - Cited by 121 - Full Document

Dehri Rohtas Light Railway Company ... vs District Board Bhojpur And Ors on 12 March, 1992

30. We may also refer to the decision of this Court in Dehri Rohtas Light Railway Co. Ltd. v. District Board, Bhojpur wherein the Court explained the legal position as under: (SCC pp. 602-03, para 13) "13. The rule which says that the Court may not enquire into belated and stale claim is not a rule of law but a rule of practice based on sound and proper exercise of discretion. Each case must depend upon its own facts. It will all depend on what the breach of the fundamental right and the remedy claimed are and how delay arose. The principle on which the relief to the party on the grounds of laches or delay is denied is that the rights which have accrued to others by reason of the delay in filing the petition should not be allowed to be disturbed unless there is a reasonable explanation for the delay. The real test to determine delay in such cases is that the petitioner should come to the writ court before a parallel right is created and that the lapse of time is
Supreme Court of India Cites 6 - Cited by 229 - M F Beevi - Full Document
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