delay and laches in writ petition

delay and laches in writ petition

There is inordinate delay and laches on the part of the appellants in sending even the representation claiming salary. The writ petition under Article 32 has been filed by C. Girija seeking direction to implement the order passed by the Division Bench of ... that there was no delay and laches on the part of the applicant. In the context of laches vis-a-vis writ petitions under article 32, the relevant questions which arise for consideration ... writ petition under article 32 for the quashing ofthe order of forfeiture passed ... delay in filing the petition namely, 15 years after the 1952 Rules were promulgated. 11. bringing the petition, and the delay has prejudiced the non-moving party, then the court may deny relief. With respect to constitutional law, laches refers to the filing of a writ petition, however, unlike the law on limitations there is no specific time period after which a writ petition … The appeal is disposed of in the above terms. The writ petition had been filed with inordinate delay for which there is no explanation and hence deserves to be dismissed. It can be observed: “The petitioner filed the present petition on November 7, 1956. For, the writ petition was never examined on merits and was dismissed only on the ground of delay and laches, the matter is remitted to the writ Court for consideration afresh and its decision on merits. One of the exceptions to the said rule is cases relating to a continuing wrong. The cause of action, according to his own allegations, accrued to him on April 1, 1951. Applicant’s husband has sent several representations right from 2002. The applicant came To summarise, normally, a belated service related claim will be rejected on the ground of delay and laches (where remedy is sought by filing a writ petition) or limitation (where remedy is sought by an application to the Administrative Tribunal). Therefore, while there is no limitation period prescribed, if the delay in filing is quite long then the writ petition may be dismissed on the grounds of delay alone. Delay or laches is one of the factors to be borne in mind by the High Courts when they exercise their discretionary powers under Article 226 of the Constitution of India. Union of India which also though ultimately dismissed the writ petition for alternative plot on the ground of laches, the delay in that case being of thirteen years, but also discussed the law relating to alternative allotment. petitioner in filing a petition and such delay is not satisfactorily explained, the High Court may decline to intervene and grant relief in the exercise of its writ jurisdiction. Emphasis was laid on the principle of delay and laches stating that resort to the extraordinary remedy under the writ jurisdiction at a … CORAM NOBIS — LACHES — DELAY AND UNREASONABLE DELAY Because laches is an affirmative defense, the party asserting it must prove both unreasonable delay and prejudice by a preponderance of the evidence. 10. ”6. "7. Thus, it was held by the Supreme Court that there is no limitation prescribed for filing a writ petition but ordinarily it is expected to be filed without any laches (i.e., delay). A party is said to be guilty of laches when they come to the Court to assert their rights after a considerable delay in that respect. Normally, in the case of belated approach writ petition has to be dismissed. 9. In sending even the representation claiming salary above terms preponderance of the exceptions to the said rule is cases to. May deny relief the part of the appellants in sending even the claiming... 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