Liberal Approach Be Taken Regarding Delay In Appeals Filed By State: Supreme Court
Case: Sheo Raj Singh (Deceased) Through Lrs. & Ors. V. Union Of India & Anr.
Coram: Bela M. Trivedi and Dipankar Datta
Case No: CIVIL APPEAL NO. 5867 OF 2015
Court Observation: “a court of appeal should not ordinarily interfere with the discretion exercised by the courts below”.
“there cannot be any quarrel that this Court has stepped in to ensure that substantive rights of private parties and the State are not defeated at the threshold simply due to technical considerations of delay.”
Although people tend to see ‘explanation’ and ‘excuse’ as the same thing and struggle to find out the difference between the two, there is a distinction which, though fine, is real. An ‘excuse’ is often offered by a person to deny responsibility and consequences when under attack. It is sort of a defensive action. Calling something as just an ‘excuse’ would imply that the explanation proffered is believed not to be true
Regard should be had in similar such circumstances to the impersonal nature of the Government’s functioning where individual officers may fail to act responsibly. This in turn, would result in injustice to the institutional interest of the State. If the appeal filed by the State are lost for individual default, those who are at fault, will not usually be individually affected
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Liberal Approach Be Taken
