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    <title>1996 (4) TMI 121 - Supreme Court</title>
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    <description>Delay in filing the appeal was condoned because delay must be assessed on the facts of each case, and movement of the matter through official channels may constitute sufficient cause where the case otherwise has merit; the availability of an intra-court appeal did not bar jurisdiction under Article 136, though it was a relevant restraint. A writ of mandamus could not be issued to require appointments from a select list that had ceased to operate after one year under the recruitment rules, because mandamus enforces only a subsisting legal right and lawful duty. The expired select list conferred no enforceable right, and prior irregular appointments from it could not validate the claim.</description>
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      <title>1996 (4) TMI 121 - Supreme Court</title>
      <link>https://www.taxtmi.com/caselaws?id=44293</link>
      <description>Delay in filing the appeal was condoned because delay must be assessed on the facts of each case, and movement of the matter through official channels may constitute sufficient cause where the case otherwise has merit; the availability of an intra-court appeal did not bar jurisdiction under Article 136, though it was a relevant restraint. A writ of mandamus could not be issued to require appointments from a select list that had ceased to operate after one year under the recruitment rules, because mandamus enforces only a subsisting legal right and lawful duty. The expired select list conferred no enforceable right, and prior irregular appointments from it could not validate the claim.</description>
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