Just a moment...
Press 'Enter' to add multiple search terms. Rules for Better Search
Use comma for multiple locations.
---------------- For section wise search only -----------------
Accuracy Level ~ 90%
Press 'Enter' after typing page number.
Press 'Enter' after typing page number.
No Folders have been created
Are you sure you want to delete "My most important" ?
NOTE:
Press 'Enter' after typing page number.
Press 'Enter' after typing page number.
Don't have an account? Register Here
Press 'Enter' after typing page number.
Issues: Whether the High Court should direct the appellate authority to entertain an appeal filed beyond the statutory period and beyond the maximum condonable delay under the Karnataka Sales Tax Act, 1957.
Analysis: The appeal under section 20 of the Karnataka Sales Tax Act, 1957 had been filed after the prescribed 30 days and also beyond the outer limit of 180 days within which delay could be condoned. Once that statutory ceiling was crossed, the appellate authority had no power to entertain the appeal on merits. A writ of mandamus cannot be issued to compel a statutory authority to act contrary to the statute, and supervisory jurisdiction under article 227 of the Constitution of India is meant to keep authorities within legal bounds, not to override express legislative limitations. The availability of a further statutory appeal under section 22 did not justify ignoring the bar under section 20.
Conclusion: The request to direct entertainment of the time-barred appeal was rejected and no interference was warranted.
Ratio Decidendi: A writ court cannot compel a statutory appellate authority to entertain an appeal in violation of an express statutory limitation on condonation of delay.