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1 - 10 of 14 (0.26 seconds)Article 32 in Constitution of India [Constitution]
Moon Mills Ltd vs Industrial Court Bombay (M.R. Meher) & ... on 28 February, 1967
5 P.C. 221 : 22 WR 492] (PC at p. 239)
was approved by this Court in Moon
Mills Ltd. v. M.R. Meher, [AIR 1967 SC
21
1450] and Maharashtra SRTC v. Shri
Balwant Regular Motor Service, [(1969)
1 SCR 808 : AIR 1969 SC 329]. Sir
Barnes had stated:
Durga Prashad vs Chief Controller Of Imports & Exports & ... on 22 November, 1968
"6. Delay or laches is one of the factors
which is to be borne in mind by the
High Court when they exercise their
discretionary powers under Article 226
of the Constitution. In an appropriate
case the High Court may refuse to
invoke its extraordinary powers if there
is such negligence or omission on the
part of the applicant to assert his right
as taken in conjunction with the lapse
of time and other circumstances, causes
prejudice to the opposite party. Even
where fundamental right is involved the
matter is still within the discretion of
the Court as pointed out in Durga
Prashad v. Chief Controller of Imports
and Exports, [(1969) 1 SCC 185 : AIR
1970 SC 769]. Of course, the discretion
has to be exercised judicially and
reasonably.
Rabindranath Bose And Ors. vs The Union Of India (Uoi) And Ors. on 9 October, 1969
8. It would be appropriate to note
certain decisions of this Court in which
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this aspect has been dealt with in
relation to Article 32 of the Constitution.
It is apparent that what has been stated
as regards that article would apply, a
fortiori, to Article 226. It was observed
in Rabindranath Bose v. Union of India,
[(1970) 1 SCC 84 : AIR 1970 SC 470]
that no relief can be given to the
petitioner who without any reasonable
explanation approaches this Court
under Article 32 after inordinate delay.
It was stated that though Article 32 is
itself a guaranteed right, it does not
follow from this that it was the intention
of the Constitution-makers that this
Court should disregard all principles and
grant relief in petitions filed after
inordinate delay.
Article 227 in Constitution of India [Constitution]
Karnataka Power Corporation Ltd ... vs K. Thangappan & Anr on 4 April, 2006
12. It is apposite to take note of the dicta
laid down by this Court in Karnataka Power
20
Corporation Ltd. v. K. Thangappan, (2006) 4
SCC 322 whereunder it has been held that the
High Court may refuse to exercise
extraordinary jurisdiction if there is negligence
or omissions on the part of the applicant to
assert his right. It has been further held
thereunder:
Maharashtra State Road Transport ... vs Babu Goverdhan Regular Motor Service ... on 10 September, 1969
5 P.C. 221 : 22 WR 492] (PC at p. 239)
was approved by this Court in Moon
Mills Ltd. v. M.R. Meher, [AIR 1967 SC
21
1450] and Maharashtra SRTC v. Shri
Balwant Regular Motor Service, [(1969)
1 SCR 808 : AIR 1969 SC 329]. Sir
Barnes had stated:
Article 371J in Constitution of India [Constitution]
P.S. Sadasivaswamy vs The State Of Tamil Nadu on 7 October, 1974
11. The Hon'ble Apex Court in
P.S.SADASIVASWAMY v/s STATE OF TAMIL
NADU reported in (1975) 1 SCC 152 has observed
that it is not that there is any period of limitation for
the Courts to exercise their power under Article 226 of
the Constitution of India nor is it that there can never
be a case where the Courts cannot interfere in a
matter after passage of a certain length of time. But
it would be sound and wise exercise of discretion for
the Courts to refuse to exercise their extraordinary
powers under Article 226 in the case of persons who
do not approach it expeditiously for relief and who
stand by and allow things to happen and then
approach the Court to put forward stale claims and try
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to unsettle settled matters. The above observation of
the Hon'ble Apex Court was while considering the case
of challenge to a promotion belatedly.