The Court in the case observed and has held that the High Court ought not to grant extraordinary relief to a petitioner who approaches the writ court belatedly or in other words sleeps over his rights for a considerable period of time.
The court reserved the findings of the High Court, wherein the court allowed the writ petition despite there being an unexplained delay in preferring the writ petition.
The bench comprising of Justice P.S. Narasimha and Justice Aravind Kumar in the case observed the factor of delay and laches which need to be borne in mind by the High Court's while exercising their extraordinary jurisdiction under Article 226 of the Constitution of India.
The judgement authored by the bench of Justice Aravind Kumar stated that this court is of the considered view that writ petitioner ought to have been non-suited or in other words writ petition ought to have been dismissed which being on the ground of delay and laches itself. Thus, the said court has held that delay defeats equity. The delay or laches is one of the factors which should be borne in mind by the High Court while exercising discretionary powers as it is stated under Article 226 of the Constitution of India.
The High Court in the said case may refuse to invoke its extraordinary powers if laxity on the part of the applicant to assert his right has allowed the cause of action to drift away and attempts are made subsequently to rekindle the lapsed cause of action.
Denne historien er fra April 23, 2024-utgaven av The Business Guardian.
Start din 7-dagers gratis prøveperiode på Magzter GOLD for å få tilgang til tusenvis av utvalgte premiumhistorier og 9000+ magasiner og aviser.
Allerede abonnent ? Logg på
Denne historien er fra April 23, 2024-utgaven av The Business Guardian.
Start din 7-dagers gratis prøveperiode på Magzter GOLD for å få tilgang til tusenvis av utvalgte premiumhistorier og 9000+ magasiner og aviser.
Allerede abonnent? Logg på
BJP's Purvanchali leader Anil Jha joins AAP
The BJP's Purvanchali leader and two-time former MLA from Kirari, Anil Jha, joined the Aam Aadmi Party (AAP) in the presence of party supremo Arvind Kejriwal on Sunday.
Two men arrested for cheating in fake currency exchange scheme
According to the officer, the duo would use genuine dollars initially to gain the victims' trust before handing over bundles of paper disguised as cash in exchange for money.
KAILASH GAHLOT RESIGNS AS DELHI TRANSPORT MINISTER, QUITS AAP
AAP leaders said Gahlot was facing ED probe and had no option but to join the BJP
BJP forms 12-member committee for assembly polls manifesto
BJP has announced the formation of the election manifesto committee to prepare a vision document and list promises for the upcoming assembly elections in Delhi.
Pressure from ED, CBI forced Gahlot to quit: AAP
AAP's national chief spokesperson Priyanka Kakkar alleged that the ongoing investigations against Gahlot and his family had left him with no choice but to join the BJP
Crime Branch arrests sharpshooter of Neeraj Bawania gang
An alleged sharpshooter of the Neeraj Bawania gang who was involved in a double murder in Delhi's Subhash Place area in 2014, was arrested from Sonepat in Haryana, police said on Sunday.
Delhi Assembly elections a ‘dharamyudh’ like Mahabharata, says Kejriwal
AAP national convener Arvind Kejriwal compared the upcoming Delhi Assembly elections to a 'dharamyudh'--a righteous battle akin to the one in the Mahabharata.
Kerala High Court: Assessing Authority Cannot Reassess Prior Years Without Inquiry While Determining Relevant Year's Assessment [Income Tax]
The Kerala High Court in the case Kings Infra Ventures Ltd. v. The Assistant Commissioner of Income Tax observed and has stated that while determining the assessment of relevant years assessing authority cannot determine the assessment for earlier years without enquiry.
Himachal Pradesh High Court Upholds Levy Of GST On Mining Royalty Payable Under Mining Concession Granted By State
The Himachal Pradesh High Court in the case M/s Lakhwinder Singh Stone Crusher v. Union of India & ors. observed and has dismissed a writ petition challenging notifications issued by the Central government for levy of GST on Royalty paid by a Mineral Concession Holder for mining concession granted by the State.
SC Issued Notice To Delhi Tree Authority And Officers: 'What Procedure Followed In Tree Felling?'
The Supreme Court in the case MC Mehta versus The Union Of India And Ors observed and has issued notice to the Tree Authority and the Tree Officers who are being appointed under the Delhi Preservation of Trees Act, 1994, in a petition filed seeking to prevent the Delhi government in order to permit tree felling under the Act without prior permission from the court.