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april 2005

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.

STATE OF NAGALAND vs LIPOK AO . · Niyam