extended time. Here was a case, Mr. Mukherjee contended, where delay defeated equity and the plaintiffs were no longer entitled ,to claim specific performance
12836/2020 has held as under:
"The delay defeats equity and if the petitioner approaches
the Court after a long delay, then the relief ... also well-settled principle of law that
"delay defeats equity".....It is now a trite law that
where the writ petitioner approaches
petitioner/appellant has not
.
explained the delay and is caught by delay and laches.
3. The delay takes away the settings of law. A
person ... while exercising extraordinary jurisdiction under
Article 226 of the Constitution; delay defeats equity
and delay cannot be brushed aside without any
.
plausible explanation
enforced. The doctrine of part-performance is a doctrine of equity. Delay defeats equity. Therefore, when the agreement Ex.D.1 has become unenforceable
explanation has
been offered for the delayed approach, writ petition should have been
dismissed on the ground of delay and laches."
The Apex Court ... also well settled principle of law that "delay defeats
equity". Government Order was issued on 15.1.2002. Appellants did
not file any writ application
petitions are liable to be dismissed on the ground of laches and delay on the part of the petitioners.
4. Reference may also be made ... very sound equitable principle. Hence, the equitable doctrine, namely, "delay defeats equity" has its fullest application in the matter of grant of relief
injunction on 12-3-1973. Injunction is an equitable relief and delay defeats equities. Having acquiesced in the possession and enjoyment and even alienations ... deal with the properties. There is absolutely no satisfactory explanation of the delay. There is also no allegation of any particular damage or waste
denied
on the ground of delay and laches. It is now well settled that who claims equity must enforce his
claim within a reasonable time ... State of Kerala, (2009) 2 SCC 479, held that the
delay defeats equity and that delay and laches are the relevant factors in exercising equitable
Wherein the Supreme Court observed:
The equitable doctrine, namely, 'delay defeats equity' has its fullest application in the matter of grant of relief
remedy
afterwards to be asserted. In such cases, lapse of time and
delay are most material. Upon these considerations rests
::: Downloaded on - 02/12/2022 ... action after unreasonable delay.
Doctrine of laches is in fact an application of maxim of
equity "delay defeats equities".
23. If a party