Supreme Court of India · 2005-04-01
STATE OF NAGALAND vs LIPOK AO .
- Citation / case number
- SC 2003/20647
- Court
- Supreme Court of India
- Petitioner
- STATE OF NAGALAND
- Respondent
- LIPOK AO .
- Author
- ARIJIT PASAYAT
- Bench
- S.H. KAPADIA ARIJIT PASAYAT
Judgment text excerpt
The Supreme Court held that the High Court erred in rejecting the application for condonation of delay under Section 5 of the Limitation Act, 1963, and the application for grant of leave to appeal under Section 378(3) of the Code of Criminal Procedure, 1973. The Court established that a bona fide effort to pursue the appeal, despite the delay caused by the missing file, constituted sufficient cause for condonation. The Supreme Court set aside the High Court's order and allowed the State's application for condonation of delay and grant of leave to appeal.