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.