Ocular Evidence Prevails Over Medical Findings: Bombay High Court Upholds Rape Conviction Despite Negative Semen Report & Police Lapses High Court Cannot Pass Inconsistent Orders: Supreme Court Quashes Demolition Order Passed Despite Earlier Restraint In CMDA Regularisation Dispute Supreme Court Upholds Validity Of Open University Degrees Obtained Prior To 2017 Cut-Off Must Be A Polluter Before Being Held Absolutely Liable: Supreme Court Sets Aside NGT Order Against Art Of Living Over Yamuna Event, Orders ₹5 Cr Refund Father Cannot Be Deprived Of Minor's Custody Unless Proved Unfit: Allahabad High Court Hands Over 4-Yr-Old Child To Father, Sets Aside Trial Court Order Right To Speedy Trial Under Article 21 Integral To Personal Liberty': Punjab & Haryana High Court Grants Bail As 24 Witnesses Remain Unexamined No Specific Chemical Opinion That Seized Substance Was Ganja: Gujarat High Court Upholds Acquittal Under Section 2(iii)(b) NDPS Act Mere Pendency Of Criminal Cases Simplicitor No Ground For Externment': Karnataka High Court Quashes Raichur SDM Order Order VI Rule 16 CPC | Defendants Enjoy Greater Latitude In Altering Defence: Punjab & Haryana High Court Explains Doctrinal Leeway Under CPC Boarding Running Train Not Self-Inflicted Injury: Delhi High Court Sets Aside Order Denying Compensation Possession Of One Co-Sharer Is Possession Of All: J&K&L High Court Cannot Invoke Article 226 For Registering FIR Or Restoring Water Supply: Kerala High Court Natural Guardian's Sale Of Minor's Property Without Court Nod Is Voidable, Extinguishes If Not Challenged Within 3 Years Of Majority: Madras High Court Orissa High Court Rejects Cancer-Survivor Husband's Plea To Transfer Maintenance Case Presumption Of Correctness Of Judicial Records Not Absolute And Can Be Rebutted By Direct Evidence: Kerala High Court on Married Daughter Cannot Challenge Partition After 21-Year Slumber If She Had Knowledge: Madhya Pradesh High Court Kerala High Court Orders Immediate Suspension Of Lakshadweep CJM For Allegedly Forging Witness Deposition To Convict Accused Defect In Served Copy Of Affidavit Not Fatal: Supreme Court Restores Election Petition Challenging Lok Sabha Poll Result, Clarifies Law On Form-25 Attestation

Delay Caused Due To Negligence Of Previous Counsel And Personal Health Issues: Delhi High Court Condoned 1142 Days Delay

07 May 2024 8:19 AM

By: Admin


In a significant ruling, the Delhi High Court today allowed the condonation of a delay of 1142 days in the re-filing of an appeal in the case of Rajiv Agarwal versus Balmer Lawrie Co Ltd. This decision underscores the judiciary’s empathetic approach towards litigants impacted by the COVID-19 pandemic and other unforeseen circumstances.

Justice Jasmeet Singh, presiding over the matter, highlighted the importance of a liberal interpretation of ‘sufficient cause’ under Section 5 of the Limitation Act, 1963. “The word ‘sufficient cause’ is to be given a liberal construction to advance substantial justice,” Justice Singh observed, setting a precedent for similar cases in the future.

The appellant, represented by Mr. Puneet Taneja and his team, faced a significant delay due to the negligence of their previous counsel and personal health issues. Furthermore, the pandemic’s impact was taken into consideration, with the court noting, “COVID-19 pandemic halted the systems in a humongous way.”

In this landmark judgment, the court also referred to several Supreme Court rulings, emphasizing the need for a compassionate approach in legal proceedings, particularly when no negligence or mala fides can be imputed to the party involved. Justice Singh stated, “It is the duty of the legal system to ensure that no innocent party suffers injustice merely due to the default of his advocate.”

The decision comes as a relief to the appellant, who had Initially filed a suit for the recovery of Rs. 5,53,022, which was dismissed by the trial court. With this ruling, the High Court has set a significant precedent, balancing the legal principles with the realities faced by litigants in extraordinary circumstances like the COVID-19 pandemic.

Date of decision: 19.12.2023

RAJIV AGARWAL  VS BALMER LAWRIE CO LTD   

 

Latest Legal News