Case Law Details
Case Name : Shree Jagannath Traders Vs Commissioner of State Tax Odisha (Orissa High Court)
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All High Courts Calcutta High Court
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Shree Jagannath Traders Vs Commissioner of State Tax Odisha (Orissa High Court)
Mr. Narasingh, learned counsel for the Petitioner, points out that while the appeal was accompanied by the downloaded printed copy of the order appealed against at the time of filling of the appeal, it was not accompanied by the certified copy thereof at that stage since the Lawyer who had filed the appeal was in self quarantine as he had come into contact with a client who had tested positive for Covid-19.
The
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“……As long as the appeal is accompanied by an ordinary downloaded copy of the order appealed against, VERIFIED AS A TRUE COPY BY# the Advocate for the Appellant, the delay in filing such certified copy,…” The appellate authority had obviously the ‘certified true copy’ on his record, -though filed beyond the prescribed time limit. As such, he, on verification/comparison is supposed to/ could not but only have been convinced what was filed as a verified true copy was no different but identically the same. The rejection of the appeal so made is on the ground of a technical or hyper -technical ground; which by any sane thinking was not right or sustainable even otherwise- that is, regardless of the other reasoning /ground(s) on which the court has reversed the order of rejection – AGREE !😟
INSTANT
MUCH ADO about really ‘ nothing’ – materially or substantially or otherwise, to meet the ‘ENDS of JUSTICE’ ?
The reported court case ILLUSTRATES, yet again, why and how, – going by sheer ‘COMMON SENSE’ as warranted to be applied /adopted ,- waste of, besides everyone else concerned, the court’s time and energy could have, and in turn, the otherwise evitable ‘Procrastination / prolongation’ of Litigation,been saved, in the ‘NATIONAL/ Societal interest’ ?!?
Common Sense, WHY uncommonly used / applied; despite for no fault of the one seeking to prompt / evoke ? >
May be,- if search for ’ an image of one or more people and text’ that says, – “Common sense is not a gift, it’s a punishment. Because you have to deal with everyone who doesn’t have it.
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