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Private Litigant vs. State: No Distinction in Condoning 12-Year – SC

Case Law Details

TaxGuru Citation
2024 taxguru.in 2205
Case Name
Union of India & Anr Vs Jahangir Byramji Jeejeebhoy (D) Through His LR (Supreme Court of India)
Date of Judgement/Order
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Union of India & Anr Vs Jahangir Byramji Jeejeebhoy (D) Through His LR (Supreme Court of India)

Legal proceedings are governed not only by substantive laws but also by procedural rules, including statutes of limitations and rules regarding the condonation of delays. The case of Union of India & Anr Vs Jahangir Byramji Jeejeebhoy before the Supreme Court of India provides a significant insight into the complexities surrounding the condonation of delays in legal matters. This article aims to dissect the case, exploring the legal arguments, analysis, and the eventual conclusion reached by the apex court.

Background

The case originated from a dispute over a leased property between the Union of India and Jahangir Byramji Jeejeebhoy. The legal battle spanned decades, with various appeals and petitions filed before different courts. At the heart of the matter was the question of condoning a delay of over 12 years in filing a restoration application.

Legal Arguments

The appellants, represented by the learned Attorney General for India, vehemently argued that despite the substantial delay, their case had strong merits. They emphasized the significance of the property being within the Pune cantonment, under the ownership of the Union of India. The delay, they argued, should be viewed in light of protecting government assets and interests.

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Author Info

CA Sandeep Kanoi
Qualification: CA in Job / Business
Company: Taxguru Consultancy
Location: Mumbai, Maharashtra
Articles Published: 21,201

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