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1 - 10 of 16 (0.31 seconds)H.S. Vankani & Ors vs State Of Gujarat & Ors on 16 March, 2010
In [H.S.Vankani and others
Vs. State of Gujarat and others] referred supra, the Hon'ble
Supreme Court has held as follows :-
Bimlesh Tanwar vs State Of Haryana And Ors on 10 March, 2003
39. Courts are repeating the ratio that the seniority
once settled, shall not be unsettled but the men in power
often violate that ratio for extraneous reasons, which, at
times calls for departmental action. Legal principles have
been reiterated by this Court in Union of India and Another
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v. S.K. Goel and Others (2007) 14 SCC 641, T.R. Kapoor v.
State of Haryana (1989) 4 SCC 71, Bimlesh Tanwar v. State
of Haryana, (2003) 5 SCC 604.
Thressiamma Jacob Etc. Etc. vs Geologist, Dptt.Of Mining And Geology ... on 20 April, 2015
In Union of India and others v. M.K. Sarkar[2], this
Court, after referring to C. Jacob (supra) has ruled that
when a belated representation in regard to a “stale” or
“dead” issue/dispute is considered and decided, in
compliance with a direction by the court/tribunal to do so,
the date of such decision cannot be considered as furnishing
a fresh cause of action for reviving the “dead” issue or
time-barred dispute. The issue of limitation or delay and
laches should be considered with reference to the original
cause of action and not with reference to the date on which
an order is passed in compliance with a court’s direction.
Neither a court’s direction to consider a representation
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issued without examining the merits, nor a decision given in
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compliance with such direction, will extend the limitation,
or erase the delay and laches.
Union Of India & Anr vs M.M. Sarkar on 8 December, 2009
In Union of India and others v. M.K. Sarkar[2], this
Court, after referring to C. Jacob (supra) has ruled that
when a belated representation in regard to a “stale” or
“dead” issue/dispute is considered and decided, in
compliance with a direction by the court/tribunal to do so,
the date of such decision cannot be considered as furnishing
a fresh cause of action for reviving the “dead” issue or
time-barred dispute. The issue of limitation or delay and
laches should be considered with reference to the original
cause of action and not with reference to the date on which
an order is passed in compliance with a court’s direction.
Neither a court’s direction to consider a representation
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issued without examining the merits, nor a decision given in
25
compliance with such direction, will extend the limitation,
or erase the delay and laches.
State Of Orissa vs Pyarimohan Samantaray And Ors. on 3 November, 1976
In State of Orissa v. Pyarimohan Samantaray[4] it has
been opined that making of repeated representations is not
a satisfactory explanation of delay.
State Of Orissa Etc vs Arun Kumar Patnaik & Anr. Etc on 15 April, 1976
The said principle was
reiterated in State of Orissa v. Arun Kumar Patnaik[5].
Bharat Sanchar Nigam Ltd vs Ghanshyam Dass & Ors on 17 February, 2011
In Bharat Sanchar Nigam Limited v. Ghanshyam Dass (2)
and others[6], a three-Judge Bench of this Court reiterated
the principle stated in Jagdish Lal v. State of Haryana[7]
and proceeded to observe that as the respondents therein
preferred to sleep over their rights and approached the
tribunal in 1997, they would not get the benefit of the order
dated 7.7.1992.
Jagdish Lal & Ors vs State Of Haryana & Ors on 7 May, 1997
In Bharat Sanchar Nigam Limited v. Ghanshyam Dass (2)
and others[6], a three-Judge Bench of this Court reiterated
the principle stated in Jagdish Lal v. State of Haryana[7]
and proceeded to observe that as the respondents therein
preferred to sleep over their rights and approached the
tribunal in 1997, they would not get the benefit of the order
dated 7.7.1992.
State Of Tamil Nadu vs Seshachalam on 18 September, 2007
In State of T.N. v. Seshachalam[8], this Court, testing
the equality clause on the bedrock of delay and laches
pertaining to grant of service benefit, has ruled thus: -