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december 1971

Supreme Court of India · 1971-12-14

STATE OF WEST BENGAL vs ADMINISTRATOR, HOWRAH MUNICIPALITY & ORS.

Citation / case number
SC 1968/60355
Court
Supreme Court of India
Petitioner
STATE OF WEST BENGAL
Respondent
ADMINISTRATOR, HOWRAH MUNICIPALITY & ORS.
Bench
VAIDYIALINGAM, C.A.

Judgment text excerpt

The Supreme Court ruled that 'sufficient cause' under Section 5 of the Limitation Act, 1963 must be liberally construed to promote substantial justice, particularly when no negligence or inaction is attributable to the party. The Court held that the High Court erred in dismissing the appellant's application for delay in filing an appeal without adequately scrutinizing the reasons provided. The appellant's reliance on legal advice and subsequent diligent steps taken to challenge the decision were deemed sufficient to excuse the delay, thus allowing the appeal.

STATE OF WEST BENGAL vs ADMINISTRATOR, HOWRAH MUNICIPALITY & ORS. · Niyam