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1 - 10 of 10 (0.46 seconds)Article 32 in Constitution of India [Constitution]
Government Of West Bengal vs Tarun K. Roy And Ors on 18 November, 2003
The plea of delay, which Mr Krishnamani states, should be
a ground for denying the relief to the other persons similarly
situated would operate against the respondents.
Furthermore, the other employees not being before this Court
although they are ventilating their grievances before
appropriate courts of law, no order should be passed which
would prejudice their cause. In such a situation, we are not
prepared to make any observation only for the purpose of
grant of some relief to the respondents to which they are not
legally entitled to so as to deprive others therefrom who may
be found to be entitled thereto by a court of law."
Likewise, in the judgment rendered in Govt. of
West Bengal v. Tarun K. Roy & Ors. [ (2004) 1 SCC
347], Their Lordships considered delay as serious factor
and not granted relief, and hold at paragraph 34 as
under:-
State Of West Bengal And Ors. Etc vs Debdas Kumar And Ors. Etc on 19 February, 1991
In between 1976 and
1992 not only two writ petitions had been decided, but one
way or the other, even the matter had been considered by
this Court in State of W.B. v. Debdas Kumar reported in
(1991) Supp (1) SCC 138. The plea of delay, which Mr
Krishnamani states, should be a ground for denying the
relief to the other persons similarly situated would operate
against the respondents. Furthermore, the other employees
not being before this Court although they are ventilating
their grievances before appropriate courts of law, no order
should be passed which would prejudice their cause. In
such a situation, we are not prepared to make any
observation only for the purpose of grant of some relief to the
respondents to which they are not legally entitled to so as to
deprive others therefrom who may be found to be entitled
thereto by a court of law."
Jagdish Lal & Ors vs State Of Haryana & Ors on 7 May, 1997
9.Similarly in Jagdish Lal v. State of Haryana reported in
(1997) 6 SCC 538 this Court reaffirmed the rule if a person
chose to sit over the matter and then woke up after the
decision of the court, then such person cannot stand to
benefit.
Chairman, U.P.Jal Nigam & Anr vs Jaswant Singh & Anr on 10 November, 2006
7. It is true that for filing writ petition the law of
limitation does not apply, but, the principle of delay and
laches applies where the aggrieved party approaches the
Court after inordinate delay, as has been settled by
Hon'ble Apex Court in the judgment rendered in U.P.
Jal Nigam & Anr. V. Jaswant Singh & Anr. [(2006)
11 SCC 464], wherein on the ground of principle of
delay and laches as under paragraph nos. 9 to 11, it
has been held that the delay disentitles a party to
discretionary relief under Article 226 or Article 32 of the
Constitution of India.
Kamta Pandey vs B.C.C.L. Through ... on 8 August, 2007
9. So far as merit of the issue is concerned, it is
settled principle of law that if there is any dispute in
date of birth, the date of birth mentioned in the
Matriculation Certificate is considered to be conclusive
piece of evidence, as per judgment rendered in Kamta
Pandey Vs. B.C.C.L [2007 (3) JLJR 726 (F.B.)], wherein
the Hon'ble Full Bench of this Court taking into
consideration catena of judgments rendered by Hon'ble
Apex Court has come to the conclusion at paragraph 29,
which reads as under:
Union Of India And Ors. Etc vs Virpal Singh Chauhan Etc on 10 October, 1995
542) 'The delay disentitles a party to discretionary relief
under Article 226 or Article 32 of the Constitution. The
appellants kept sleeping over their rights for long and woke
up when they had the impetus from Union of India v. Virpal
Singh Chauhan reported in (1995) 6 SCC 684. The
appellants' desperate attempt to redo the seniority is not
amenable to judicial review at this belated stage'
Union Of India & Ors vs C.K.Dharagupta & Ors on 31 December, 1996
10.In Union of India v. C.K. Dharagupta reported in (1997) 3
SCC 395 it was observed as follows: (SCC p. 398, para 9)
'9.
Raja Ram Joshi @ Rajendra Prasad Sharma @ ... vs The Union Of India Through C.B.I. .... ... on 17 May, 2019
The
respondent C.K. Dharagupta (since retired) is seeking
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benefit of Joshi case. In view of our finding that the benefit
of the judgment of the Tribunal dated 17-3-1987 could only
be given to Joshi and nobody else, even Dharagupta is not
entitled to any relief.'
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