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Union Of India & Anr vs M.M. Sarkar on 8 December, 2009

In Union of India v. M.K. Sarkar, (2010) 2 SCC 59, this Court held that even where a belated representation is considered and rejected pursuant to a court's direction, the rejection does not furnish a fresh cause of action. The question of limitation, delay and laches has to be examined with reference to the original cause of action and not with reference to the date on which -6- NC: 2026:KHC:5936-DB WP No. 24986 of 2023 HC-KAR an order is passed on a representation in compliance with such a direction. We believe that a court or tribunal, before issuing a direction for "consideration" without examining the merits, must first satisfy itself that the claim relates to a live issue. If the claim pertains to a stale or dead issue, the court must put an end to the matter rather than enable avoidable, successive rounds of litigation.
Supreme Court of India Cites 13 - Cited by 716 - R V Raveendran - Full Document
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