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delay and laches in writ petition

delay and laches in writ petition

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Thus, it was held by the Supreme Court that there is no limitation prescribed for filing a writ petition but ordinarily it is expected to be filed without any laches (i.e., delay). Normally, in the case of belated approach writ petition has to be dismissed. In the context of laches vis-a-vis writ petitions under article 32, the relevant questions which arise for consideration ... writ petition under article 32 for the quashing ofthe order of forfeiture passed ... delay in filing the petition namely, 15 years after the 1952 Rules were promulgated. The cause of action, according to his own allegations, accrued to him on April 1, 1951. "7. 9. It can be observed: “The petitioner filed the present petition on November 7, 1956. The appeal is disposed of in the above terms. To summarise, normally, a belated service related claim will be rejected on the ground of delay and laches (where remedy is sought by filing a writ petition) or limitation (where remedy is sought by an application to the Administrative Tribunal). Delay or laches is one of the factors to be borne in mind by the High Courts when they exercise their discretionary powers under Article 226 of the Constitution of India. 11. There is inordinate delay and laches on the part of the appellants in sending even the representation claiming salary. With respect to constitutional law, laches refers to the filing of a writ petition, however, unlike the law on limitations there is no specific time period after which a writ petition … bringing the petition, and the delay has prejudiced the non-moving party, then the court may deny relief. CORAM NOBIS — LACHES — DELAY AND UNREASONABLE DELAY 10. For, the writ petition was never examined on merits and was dismissed only on the ground of delay and laches, the matter is remitted to the writ Court for consideration afresh and its decision on merits. Emphasis was laid on the principle of delay and laches stating that resort to the extraordinary remedy under the writ jurisdiction at a … The writ petition under Article 32 has been filed by C. Girija seeking direction to implement the order passed by the Division Bench of ... that there was no delay and laches on the part of the applicant. A party is said to be guilty of laches when they come to the Court to assert their rights after a considerable delay in that respect. Applicant’s husband has sent several representations right from 2002. One of the exceptions to the said rule is cases relating to a continuing wrong. The writ petition had been filed with inordinate delay for which there is no explanation and hence deserves to be dismissed. ”6. Union of India which also though ultimately dismissed the writ petition for alternative plot on the ground of laches, the delay in that case being of thirteen years, but also discussed the law relating to alternative allotment. The applicant came Because laches is an affirmative defense, the party asserting it must prove both unreasonable delay and prejudice by a preponderance of the evidence. petitioner in filing a petition and such delay is not satisfactorily explained, the High Court may decline to intervene and grant relief in the exercise of its writ jurisdiction. Therefore, while there is no limitation period prescribed, if the delay in filing is quite long then the writ petition may be dismissed on the grounds of delay alone. Delay and laches on the part of the appellants in sending even the representation claiming.... A continuing wrong allegations, accrued to him on April 1, 1951 in sending even the representation claiming.. 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