Monday, 10 September 2012

LAW OF LIMITATION BINDS EVERYBODY INCLUDING THE GOVT.



SC: LAW OF LIMITATION BINDS EVERYBODY INCLUDING THE GOVT.

Unless the Govt. Depts. or instrumentalities have reasonable and acceptable explanation for the delay and there was bona fide effort, there is no need to accept the usual explanation that the file was kept pending for several months/years due to considerable degree of procedural red-tape in the process. The Government departments are unde
r a special obligation to ensure that they perform their duties with diligence and commitment. Condonation of delay is an exception and should not be used as an anticipated benefit for Government departments. The law shelters everyone under the same light and should not be swirled for the benefit of a few. The claim on account of impersonal machinery and inherited bureaucratic methodology of making several notes cannot be accepted in view of the modern technologies being used and available. The law of limitation undoubtedly binds everybody including the Government.

Reference : SC. Office of the Chief Post Master General & Ors. v. Living Media India Ltd. & Anr., civil appeal nos. 2474-2475 of 2012 [arising out of SLP (C) nos. 7595-96 of 2011].

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