Can’t Interfere With Discretionary Order Condoning Delay In Supervisory Jurisdiction U/Art 227 Unless There Is Total Non-Application Of Mind

Case: Madan Lal Suryawanshi v. Tara Devi (now deceased through its LRs)

Coram: Justice C. Hari Shankar

Case No.: CM(M) 460/2022

Court Observation: “It is only where, therefore, there is complete non-application of mind in condoning delay which is inexorable, or where no reasons for condonation of delay are forthcoming in the order passed by the Court below, that an Article 227 Court would ordinarily interfere.”

“Once a party succeeds in a suit, and obtains a decree in her/his favour, the effort of the Court has, at all times, to see that the decree is executed and that execution of the decree is not impeded or hindered on technical considerations. The approach that the Court adopts during the course of trial in a suit is qualitatively different from the approach to be adopted while dealing execution proceedings.”

Previous Posts

(Order XXII Rule 3 CPC) Delay In Filing Application For Substitution Of Legal Heirs Must Be Sufficiently Explained: Delhi High Court

Prohibition Of Benami Transaction Act Opportunity For Cross-Examination Need Not Be Provided At The Stage Of Show-Cause Notice: Madras HC

High Court Directs NIT Srinagar To Pay ₹5 Lacs Compensation Over Unjustifiable Delay In Appointing Candidates Selected As Jr. Engineers

Document Admitted Or Denied By Witness During Cross Examination Cannot Be Returned, Has To Be Necessarily Placed On Court File: Delhi High Court

Whether Appropriate Govt In Industrial Dispute Concerning Person Working At Mine Office Is Centre Or State Depends On Nature Of Work: Gujarat HC

J&K&L High Court Orders Probe By Anti-Corruption Bureau Into Leakage Of PSA Detention Order Even Before Its Execution

Telangana High Court Holds Telangana Value Added Tax (Second Amendment) Act, 2017 To Be Unconstitutional

Karnataka High Court Dismisses Grasim’s Plea Against Increase In Employees Retirement Age To 60 Yrs

Fixing Time Period For Completing Disciplinary Proceedings Causing More Complications, Says Supreme Court

Ring Of Truth: Supreme Court Lays Down Principles For Appreciation Of Ocular Evidence In Criminal Case

CBI Investigation Can’t Be Ordered On Mere Asking By Defacto Complainant; Mere Allegations Against Police Not Sufficient: Supreme Court

Preliminary Assessment To Try Juvenile As Adult – JJB Should Mandatorily Take Assistance Of Psychologist/Psycho-Social Workers: Supreme Court

S. 50 Of NDPS Act- Presence Of Magistrate During Search Of Contraband Articles Not Mandatory If Accused Waives His Right: Delhi High Court Download Judgement

Keywords

Discretionary Order Condoning Delay, Supervisory Jurisdiction