while
examining the matter with reference to laches, delay and
acquiescence, even where no period of limitation is
provided, Apex Court has held as follows ... action after unreasonable delay. Doctrine of laches is in fact
an application of maxim of equity "delay defeats equities".
39. This principle
cause shown is
sufficient, Court would condone such delay as otherwise
not. When delay is inordinate and unexplained and
reasons assigned in the affidavit supporting ... fact that it will disentitle
an applicant to such relief, since delay defeats equity.
When technicalities are pitted against substantial
justice, then such technicalities even
delay in filing
the writ petition should be viewed seriously, if the
-: 14 :-
petitioner fails to offer plausible explanation for the
delay.
g) Reference ... Karnataka [(2009) 2 SCC 479], it has been held
that delay defeats equity and that relief can be denied
on the ground of delay alone
delay in filing
-: 14 :-
the writ petition should be viewed seriously, if the
petitioner fails to offer plausible explanation for the
delay.
g) Reference ... Karnataka [(2009) 2 SCC 479], it has been held
that delay defeats equity and that relief can be denied
on the ground of delay alone
Apex Court while considering the principle of
law that 'delay defeats equity' in the case of S.S. Balu
and Another - vs- State ... 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
unexplained delay of 13 years in filing
the appeal.
19. The Hon'ble Supreme Court while considering
the "delay defeats equity ... 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
square yard as awarded - However, for
period of delay in approaching High Court, no interest
awarded as under: -
12. In fact, in a matter
arising ... High Court itself by condoning the
delay of the same magnitude in the
same circumstances.
15. Equities can be balanced by
denying the appellants
appellants, the Court should adopt a justice-
oriented approach in condoning the delay. In
State of Nagaland v. Lipok AO and Others ... position
of the person concerned and to find out
if the delay can be said to have been
resulted from the cause which
petitioner filed Miscellaneous Petition. There is a
delay of only 36 days in filing the petition. The delay is
minimal and needs to be condoned ... allowed to be defeated on technical
- 10 -
grounds by taking hypertechnical view of
self-imposed limitations. On facts held,
equities can be balanced by denying
writ
petitioner, the intendment and objective of Act would not be
defeated. Further, in view of the fact that the petitioner is a
genuine licencee ... third
respondent would submit that in view of the delay occasioned
by the petitioner, equity demands that the petitioner be directed
to pay the present
