Case Law Details
Case Name : Amaledu Kumar Bera & ORS. Vs State of West Bengal (Supreme Court of India)
Related Assessment Year :
Courts :
Supreme Court of India
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Allowing the appeal, the Hon’ble Supreme Court HELD Merely because the respondent is the State, delay in filing the appeal or revision cannot and shall not be mechanically considered and in absence of sufficient cause’ delay shall not be condoned.
In the instant case as noticed above, admittedly earlier objection filed by the Respondent-State under Section 47 of the Code was dismissed on 17.8.2010. Instead of challenging the said order the Respondent-State after about one year filed another objection on 15.9.201
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Right decision,sate is an Art 12 set up and citizen is sovereign; citizen is no linger subject of the state, as citizen electors only voted a government for five or so years and the IS WELL READ WITH said government cannot over ride the citizen sovereign,when we read with Art 19(1)(a) r/w Art 21 r/w Art 38 and 39 which is also considered as a fundamental right when Art 51A legal duties and obligations of public authorities too.
sec 47 of CPC 1908 WELL read with limitation principle of ‘sufficient cause’a main ingredient every state need to prove its sufficient cause for condonation, how a state can get a mechanical condonation in an advanced democracy which is a cocktail of the best advanced democracies in the world!