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.... Then, there is no explanation to apprise the delay from 2008 to 2011 and further from 2011 to 2019. Delay and laches in filing writ petition is to be examined. Supreme Court ...view of the principles laid down in the aforesaid decision, Writ Petition stands dismissed on the ground of delay and laches. Sd/- JUDGE ...unexplained delay and laches; (e) Ex facie barred by any laws of limitation; (f) Grant of relief is against public police or barred by any valid law; and host of other factors 4. In...
...Arbitration and Conciliation Act, 1996. The submission of the learned senior counsel appearing for the 3 respondent that there was delay and laches in filing writ petition also cannot be ...be said that there was abnormal delay and laches on the part of the appellant in approaching the High Court. As much as the 3 respondent has already received an amount of Rs. 63,43,488/- paid by the...2017 passed by the High Court of Judicature at Rajasthan, Jaipur Bench, vide judgment and order dated 11.12.2017, confirming the order of the learned Single Judge in W.P. No. 11657 of 2017. In the writ...
...take note of delay and laches in filing writ petition or not? In the present matter, there is delay and laches during the intervening period from the year 2000 .... Ultimately, his grievance is in respect of disengagement from his temporary service as a Coal Unloader vide order dated 23.06.2000. There is inordinate delay and laches on the part of appellant in invoki...;
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(d) person invoking the jurisdiction is guilty of unexplained delay and laches;
(e...
...Article 226 of the Constitution of India if there is undue delay and laches in filing writ petition. (See C. Jaco...limitation inasmuch as the writ application was filed, as noted by the learned single Judge, after inordinate delay of 13 years with no plausible explanation having been offered for the delay. In the...assigned no convincing or plausible reason for filing the writ petition after inordinate delay of as many as 13 years, we do not find any reason to take a view contrary to what has been taken by the learned...
...single Judge has not taken note of delay and laches in filing writ petition against the penalty order dated 22.10.2013.
4. Apex Court in the case of J...the principle laid down in the aforesaid decision is before entertaining a writ petition Writ Court is required to examine delay and laches. In the present case, there is delay o...so far as questioning the validity of penalty order in a disciplinary proceedings. Therefore, one has to draw inference that there is delay and laches on the part of the appellant. In other words...
...and laches in filing writ petition also cannot be accepted. After 06.08.2012 order, the appellant after verification of the records has paid an amount of Rs.64,43,488/- on 22.01.2013 and the said ...before the Rajasthan High Court. In that view of the matter it cannot be said that there was abnormal delay and laches on the part of the appellant in approaching the High Court. As much as the...
J U D G M E N T
This writ petition has been filed challenging Ext.P4 order dated 19-05-2015 ...
...Collector under Section 11, shall not be granted relief. Touching the question of delay and laches, in para 29, it is stated that:“29. It is thus well-settled law that when the...Court was not at all justified in ignoring the delay and laches and granting relief to them. As already noticed, Respondents 1-5 approached the High Court by filing writ petition almost a...of enhancement of compensation. There is no explanation whatsoever for the inordinate delay in filing the writ petitions. Merely because full enhanced compensation amount was not paid to the respondents, that itsel...
....9. Another ground on which the present appeal has been contested is the ground of delay, laches and acquiescence in filing the writ petition challenging the acquisiti...of suit.13. Independently, of all the circumstances mentioned above, we shall now consider the question of delay and laches in filing the Writ Petition No. 106 of 19...that the writ petitions were liable to be dismissed on the grounds of laches and delay on the part of the petitioners. In the above case this Court had found that the appellants of that case had not...
...was rejected and not from the date of superannuation. Thus, Respondent 1 is not liable to be non-suited on the ground of delay and laches in filing writ petition after his superannuation ...ground of delay and laches, cannot be accepted. The impugned judgment nowhere shows that such a point was argued by the appellant before the High Court. No grievance is made in the memorandum of SLP that...Interlocutory Application No. 1 of 2009 was filed for condonation of delay in filing SLP and delay was condoned without issuing notice to him though it is mandatorily provided in the proviso to su...
...(2011) 3 SCC 436 in respect to matter in delay and laches in filing writ petition under Article 226 of the ..., the principles enshrined therein are applicable and writ petitions are dismissed at initial stage on the ground of delay and laches. In a case like at hand, getting a partic...Court for redressal of their grievances at belated stage in view of which the delay in filing the present writ petition under Article 226 of the Constitution of India for redressal of their...
...petitioner Corporation on 14th February, 2001, However, the writ petition was filed in this Court only on 18th February, 2002. There is no other explanation for the delay and laches in ...they are required to go through several channels. Consequently the delay in filing the writ petition is not such which should disentitle the petitioner to approach this Court under Article 226 of the..., Mr. Manga has submitted that in matters relating to the movement of files in Government Department, files move at their own pace and such delay in the movement of the official files occur because...
...appearing for the 3rd respondent that there was delay and laches in filing writ petition also cannot be accepted. After 06.08.2012 order, the appellant after verification of the records has paid a...filed questioning the order dated 06.08.2012 before the Rajasthan High Court. In that view of the matter it cannot be said that there was abnormal delay and laches on the part of the appellant in...by the Reserve Bank of India as stipulated in the Section 15 and 16 of MSMED Act, 2006 [and claim for Rs. 5,41,35,658/- referred to HAC, Chennai for arbitration.]
In this...
...delay and laches in filing writ petition under Article 226 of the Constitution of India, the Supreme Court observ...usefully be noticed as under: --
"It is thus well-settled law that when there is inordinate delay in filing the writ petition and when all steps...the ground of delay and laches. In the support of the submission, counsel placed reliance on Municipal Council, Ahmednagar v. Shah Hyder...
...petition as such suffers from laches and the delay.3. The Court is experiencing that a peculiar practice has developed in this Court that Counsel after filing of writ petition which.... In view of the above, I have taken up the matter and perused the contents of the writ petition.5. The petitioner has tried to explain the delay and laches in ...petitioner for the delay and laches in filing the writ petition are not found to be satisfactory.7. Accordingly, the writ petition is dismissed on the ground of ...
...compensation. This, therefore, was not a ground which justified the gross delay and laches in filing the writ petition. Mere fact that the land was not put to use for the purpose it was acquired b...this fact was mentioned by the State, it did be (sic not) afford the respondents an excuse to justify the delay and laches on their part.7. It was next submitted that even though there were ...itself did not justify the delay and laches.6. It was next submitted that the respondents did not file the writ petition because some other party had challenged the acquisition...
...respondent had slept over the matter for quite seven years and has knocked the door of the Hon'ble Court after a gap of seven years, thus there was clear unexplained huge delay and laches in ...unexplainable delay and laches. By virtue of the writ petition instituted in the year 2006, the petitioner has come to the court to challenge an order passed by the answering respondents way back on 6-9...pleaded before the writ court that the respondent had slept over the matter and the writ petition is suffering from inordinate and unexplained delay and laches, therefore, the ...
...dismissing the writ petition even on the ground of unexplained delay and laches." 19. Again, Hon''ble the Apex Court in the case of ...principles enshrined therein are applicable and writ petitions are dismissed at initial stage on the ground of delay and laches. In a case like at hand, getting a particular pay scale may give ris...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. 13. From...
...436 in respect to matter in delay and laches in filing writ petition under Article 226 of the C...resort to the extraordinary remedy because it is likely to cause confusion and public inconvenience and bring in its train new injustice, and if writ jurisdiction is exercised after unreasonable ...stage on the ground of delay and laches. In a case like at hand, getting a particular pay scale may give rise to a recurring cause of action. In such an eventuality, the petition may be dismissed on the...
...petitioner be given an opportunity to explain and justify the delay and laches for filing the writ petition belatedly. It is also well established that if the delay and ...by the learned counsel for the appellant that the writ petition was filed with some laches and delay. However, there was reasonable explanation for the same. It is well established that the writ...learned Government Advocate on the issue, we permit the appellant to withdraw this appeal with liberty to file a review along with detailed explanation for condonation of delay and laches before the writ...
...inordinate delay and laches in filing the writ petition, Sri. M. Vijayakrishna Bhat, learned Advocate appearing for the petitioners was directed to show the reason for the inordinate ...a reasonable period. The attempt of the petitioners is nothing but to delay the disposal of the suit. On account of the long unexplained delay and laches, writ petition has to fail.Ordered a...writ petition was filed on 30.01.20132. Impugned order is with regard to the valuation of the suit and sufficiency of court fee paid on the plaint.3. In view of the...