Search Results Page
Search Results
1 - 7 of 7 (0.32 seconds)Article 32 in Constitution of India [Constitution]
Chairman/Managing Director, U.P. ... vs Ram Gopal on 30 January, 2020
12. It is trite law that the delay in approaching this Court under Article
226 of the Constitution of India may be condoned if sufficient cause is
indicated or a reasonable explanation is provided for the same. However, the
facts of the matter at hand indicate otherwise. Learned counsel petitioner has
failed to specify any compelling or extenuating circumstance which prevented
him/her from approaching this Court for such a long time. Reference in this
regard may be made to the judgment rendered by a three-Judge Bench of the
Hon'ble Supreme Court in Chairman/Managing Director, U.P. Power
Corporation Limited and Others vs. Ram Gopal (2021) 13 SCC 225, wherein,
the following was held:
S.S. Balu And Anr vs State Of Kerala And Ors on 13 January, 2009
In SS Balu v. State of Kerala,
this Court observed thus:
Union Of India & Anr vs M.M. Sarkar on 8 December, 2009
In Union of India and others v. M. K. Sarkar, (2010) 2 SCC 59,
the Hon'ble Supreme Court 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 issued
without examining the merits, nor a decision given in compliance with such
direction, will extend the limitation, or erase the delay and laches.
Shrimati Krishna Kumari vs State Of Punjab And Ors. on 18 May, 1994
8. This Court in Shrimati Krishna Kumari v. State of Punjab
3 of 7
::: Downloaded on - 13-02-2026 00:56:00 :::
CWP-20207-2016 -4-
1994(4) SCT 22 made the following observations in this regard,
"Government's intention in not granting house rent allowance where
one of the spouses is allotted Government accommodation is that when
a govt. employee is allotted accommodation he is expected to live in
that accommodation with his family. He/She is not expected to live in a
separate house.
R.K. Munshi vs Union Territory Of Jammu And Kashmir on 10 January, 2022
7. A Two Judge bench of the Hon'ble Supreme Court in R.K Munshi
v Union Territory of Jammu and Kashmir 2024 INSC 365 while speaking
through Justice Sandeep Mehta observed,
"....a Government employee could not have claimed HRA while sharing
rent free accommodation allotted to his father, a retired Government
servant....."
1