Court : Jammu and Kashmir
Decided on : Apr-11-2008
Reported in : 2008(2)JKJ292
M. Yaqoob Mir, J.1. Delay of 365 days in preferring Civil Second appeal is sought. 'Sufficient cause' for non filing the appeal in time required to be projected and explained as precondition for condonation is not satisfactory. It is no more res-integra that 'sufficient cause' has to be construed liberally so as to advance the cause of justice but for construing it so liberally power is fettered. If gross negligence/inaction are attributable to the seeker then other party can not be made to suffer. Gross and negligent attitude has to be discouraged; otherwise law of limitation will be rendered illusory and illogical.2. Principles have been laid down for refusing or accepting the motion for condonation by the Apex Court in the judgment reported in : (1987)ILLJ500SC .i. Ordinarily a litigant does not stand to benefit by lodging an appeal late.ii. Refusing to condone delay can result in a meritorious matter being thrown out at the very threshold and cause of justice being defeated. As aga...
Tag this Judgment!Court : Jammu and Kashmir
Decided on : May-07-2008
Reported in : 2008(3)JKJ231
M. Yaqoob Mir, J.1. Delay of sixty-nine days attributed to the interse departmental consideration deserves to be viewed seriously. Pre condition for condonation is the satisfaction to be recorded about 'Sufficient Cause'. It is no more res Integra that 'Sufficient Cause' has to be construed liberally so as to advance the cause of justice. Liberal construction is not unfettered. Absolute indolence, if noticed, disentitles the seeker from claiming the concession of condonation. Law of limitation may harshly affect a party, but has to be applied with all force, on the asking, delay cannot be condoned. The 'Sufficient Cause' projected in the application attributed to the administrative decisions is total casual while having over all view of the matter in hand if delay is condoned the indolent seekers of condonation will get encouraged prolongation of the final determination of the cases will get boosted, resultantly proverb justice delayed justice denied will get a front seat, for condonin...
Tag this Judgment!Court : Jammu and Kashmir
Decided on : Oct-14-2008
Reported in : 2008(3)JKJ587
Manmohan Sarin, C.J.1. Appellants, Union of India through its Secretary in the Ministry of Home & Finance and the Director of General of Border security Force have filed this Letters Patent Appeal, aggrieved by the judgment dated May 7,2004 passed by the learned Single Judge in SWP No. 2859/2001. The learned- Single Judge by the impugned judgment, allowed the writ petition. Operative part of the impugned judgments reproduced for facility of reference:In view of the aforesaid facts and circumstances of the case, I allow the writ petition. The petitioner and other Law Officers in the BSF are held entitled to parity with their counter parts in the Coast Guards and NSG right from the stage of IV Pay Commission, i.e., 1.1.1986. They would, however, be entitled to arrears of upgraded posts with effect from 1st Jan, 1996. For the period prior 1.1.1996, their pay be fixed notionally from the dates they are holding the posts as Chief Law Officer and Law Officers Grade-1, at par with their count...
Tag this Judgment!Court : Jammu and Kashmir
Decided on : Dec-22-2008
Reported in : AIR2009J& K45
ORDERMuzaffar Hussain Attar, J.1. 'Cipero' the famous Roman statesman has said, 'chief law is public good.' In democratic society Courts function for the benefit of society/so Judges are accountable to the society. Judges are not per se public servants. They carry out the will of the Legislature subject to. constitutional limitations and laws. The role of the Judge is not only to resolve the disputes but the Judges are further charged with the sacred duty of administering justice. Justice has to be administered according to laws. May be in rare and most exceptional cases justice may be tempered with mercy. Judge in the discharge of his sacred duty has to follow the procedure established by law.2. 'Deuteronumjc' code of old testament summarized the personality of Judge, as under:And charged your Judges at the time, saying, hear the causes between your brethren, and Judge righteously between every man and his brother,, and the, stranger that is with him. Ye, shall not respect person in j...
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