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1 - 3 of 3 (0.16 seconds)Durga Prashad vs Chief Controller Of Imports & Exports & ... on 22 November, 1968
“ 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 Vs. Chief Controller of Imports and
Exports (1969) 1 SCC 185. Of course, the
discretion has to be exercised judicially and
reasonably.â€
In view of the documents on record and the inordinate delay in
filing the petition, the learned Single Judge has rightly dismissed the petition
and declined to exercise the power under Article 226 of the Constitution
of India.
Section 4 in The Land Acquisition Act, 1894 [Entire Act]
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