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february 2009

Supreme Court of India · 2009-02-23

STATE OF BIHAR vs ARJUN PRASAD RAJAK

Citation / case number
SC 2009/2729
Court
Supreme Court of India
Petitioner
STATE OF BIHAR
Respondent
ARJUN PRASAD RAJAK
Author
H.L. Dattu
Bench
TARUN CHATTERJEE,H.L. DATTU, , ,

Judgment text excerpt

The Supreme Court held that the High Court erred in declining to condone the delay of one year and eighteen days in filing the Letters Patent Appeal under Section 5 of the Limitation Act. The Court emphasized that the High Court should have decided the appeal on merits instead of making observations on the merits while dismissing it for delay. Consequently, the Supreme Court allowed the appeal, set aside the High Court's order, and directed the High Court to decide the Letters Patent Appeal on merits within six months, subject to the appellants paying costs of Rs. 5,000 to the respondent.

STATE OF BIHAR vs ARJUN PRASAD RAJAK · Niyam