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february 2009

Supreme Court of India · 2009-02-23

State Of Bihar & Ors vs Arjun Prasad Rajak

Citation / case number
AIR 2009 SC (SUPP) 2731
Court
Supreme Court of India
Petitioner
State Of Bihar & Ors
Respondent
Arjun Prasad Rajak
Author
H.L. Dattu
Bench
H.L. Dattu, Tarun Chatterjee

Judgment text excerpt

The Supreme Court set aside the High Court's order rejecting the Letters Patent Appeal due to a delay of one year and eighteen days, holding that the High Court should have condoned the delay under Section 5 of the Limitation Act. The Court emphasized that dismissing an appeal on delay grounds should not involve expressing opinions on the merits of the case. The appeal was allowed, and the High Court was directed to decide the appeal on merits within six months, subject to the appellants paying costs of Rs. 5,000 to the respondent.

State Of Bihar & Ors vs Arjun Prasad Rajak · Niyam