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Supreme court on law of limitation@government

 

In the case of The Office of the Chief Post Master Versus Living Media India Ltd. the Hon'ble Supreme Court on 24th February, 2012 pronounced the Judgment on the issue of Limitation. Paragraph No.12 of the Judgment says as follows:
 
"It is not in dispute that the person(s) concerned were well aware or conversant with the issues involved
including the prescribed period of limitation for taking up the matter by way of filing a special leave petition
in this Court. They cannot claim that they have a separate period of limitation when the Department was possessed with competent persons familiar with court proceedings. In the absence of plausible and acceptable explanation, we are posing a question why the delay is to be condoned mechanically merely because the Government or a wing of the Government is a party before us. Though we are conscious of the fact that in a matter of condonation of delay when there was no gross negligence or deliberate inaction or lack of bonafide, a liberal concession has to be adopted to advance substantial justice, we are of the view that in the facts and
circumstances, the Department cannot take advantage of various earlier decisions. The claim on account of impersonal machinery and inherited bureaucratic methodology of making several notes cannot be accepted in view of the modern technologies being used and available. The law of limitation undoubtedly binds everybody including the Government."


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 1 Replies

Sathya Narayana (Proprietor)     25 March 2012

iT IS VERY OFTEN MANY hIGH cOURT MECHANICALLY AND WITHOUT APPLYING MIND ALLOWS CONDONATION OF DELAY AS A MATTER OF ROUTE / RIGHT AND MY QUESTION IS THAT, UNDER SUCH CIRCUMSTANCES WHAT IS THE VALIDITY, SANCTITY OF lIMITATION aCT IN iNDIA.  wHY THESE cOURTS OF lAW ARE BY THEMSELVES OVERRIDING A CONSTITUTIONALLY GUARANTEED lIMITATION aCT.


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