Saturday, September 27, 2025

Delay Principles

Office of Chief Post Master General v. Living Media India Pvt Ltd [2012] GCtR 1224 (SC) it was held that 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.

One can also cite Pathapati Subba Reddy v. LAO [2024] GCtR 2666 (SC) where it was held that "delay is not liable to be condoned merely because some persons have been granted relief on the facts of their own case and merits of the case are not required to be considered in condoning the delay". "A right or the remedy that has not been exercised or availed of for a long time must come to an end or cease to exist after a fixed period of time". "Law of limitation is based upon public policy that there should be an end to litigation by forfeiting the right to remedy rather than the right itself".

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