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AIR 2012 SUPREME COURT 1629 ::2012 AIR SCW 2412
Supreme Court Of India
(From : Bombay)
Hon'ble Judge(s): G. S. Singhvi, S. J. Mukhopadhaya , JJ

(A) Limitation Act (36 of 1963) , S.5— Condonation of delay - Courts to adopt liberal approach - Expression "sufficient cause" is elastic enough to enable Courts to apply law in a meaningful manner which serve ends of justice. (Para 12) (B) Limitation Act (36 of 1963) , S.5— @page-SC1630Condonation of delay - Cases involving State and its agencies - Fact that sufficient time is taken in decision making process of State - Can be taken note of by Court - But delay not to be condoned as matter of course on ground that dismissal will cause injury to public interest when delay is due to total lethargy or utter negligence of its officers. (Para 18) (C) Limitation Act (36 of 1963) , S.5— Condonation of delay - Sufficient cause - Delay of over 7 yrs. in filing appeal by State - Delay alleged to be caused because of misplacement of papers and transfer of concerned officers - Explanation given however silent as to when paper got misplaced and when they were traced - Why there was delay in applying for certified copy of judgment - And how transfer of concerned officer delayed filing of appeal when appellant had battery of lawyers - Cause shown for delay not sufficient cause - Delay not liabl....

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