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december 1966

Supreme Court of India · 1966-12-15

CHANDRA BHUSHAN & ANR. vs DEPUTY DIRECTOR OF CONSOLIDATION (REGIONAL), U.P. & ORS.

Citation / case number
SC 1965/223
Court
Supreme Court of India
Petitioner
CHANDRA BHUSHAN & ANR.
Respondent
DEPUTY DIRECTOR OF CONSOLIDATION (REGIONAL), U.P. & ORS.
Bench
SHAH, J.C.

Judgment text excerpt

The Supreme Court held that the Allahabad High Court erred in treating a practice rule of ninety days for filing a writ of certiorari as a binding rule of limitation under Article 226 of the Constitution of India. The Court emphasized that a rule of practice should guide the exercise of discretion regarding laches and undue delay, rather than serve as an absolute limitation. The Court allowed the appeal, stating that special circumstances justified a departure from the established practice, thereby quashing the High Court's dismissal of the writ petition.

CHANDRA BHUSHAN & ANR. vs DEPUTY DIRECTOR OF CONSOLIDATION (REGIONAL), U.P. & ORS. · Niyam