TaxTMI 
TaxTMI 
TaxTMI 
2005 (4) TMI 321
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.... was passed by learned Additional Deputy Commissioner (Judicial), Dimapur, Nagaland. The judgment was pronounced on 18-12-2002. As there was delay in making the application for grant of leave in terms of Section 378(3) of the Code, application for condonation of delay was filed. As is revealed from the application for condonation, copy of the order was received by the concerned department on 15th January, 2003; without wasting any time on the same date the relevant documents and papers were put up for necessary action before the Deputy Inspector General of Police, (Head quarters), Nagaland. On the next day, the said Deputy Inspector General considered the matter and forwarded the file for consideration to the Deputy Inspector General of Police (M & P), Nagaland. Unfortunately the whole file along with note sheet were found missing from the office and could not be traced inspite of best efforts made by the department. Finally it was traced on 15-3-2003 and the file was put up for necessary action by the Additional Director General of Police (Headquarter), Nagaland. The said officer opined that an appeal was to be filed on 26-3-2003, and finally the appeal was filed after appointing ....
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....es could not have been lost sight of. There is no appearance on behalf of the respondent in spite of the service of notice. 6. As noted above a brief reference to the factual aspect is necessary. The background facts of the prosecution version are as followed. 7. On 29th May, 1999 the five accused/respondents comprised the escort party of a State Cabinet Minister. The case of the Accused/Respondents was that at 5.30 p.m. on 29th May, 1999, the occupants of a Maruti Zen crossed the cavalcade of the Minister and shouted at them. The personal security officer attached to the Minister saw one of the occupants of the car holding a small fire-arm. After dropping the Minister, the escort vehicle while proceeding to another place saw the Maruti Zen and its occupants, who on seeing the police party tried to escape. Meanwhile one of the occupants of the case opened the rear glass and opened fire from his fire-arm. On hearing gun fire, the police party also opened fire but the Maruti Zen escaped and disappeared. Subsequently, the car was discovered with one of its three occupants was found to be already dead and the other two had sustained bullet injuries. Of the two survivors one....
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.... 94 (PC)] it was observed that true guide for a Court to exercise the discretion under Section 5 is whether the appellant acted with reasonable diligence in prosecuting the appeal. In Shakuntala Devi Jain v. Kuntal Kumari (AIR 1969 SC 575) a Bench of three Judges had held that unless want of bona fides of such inaction or negligence as would deprive a party of the protection of Section 5 is proved, the application must not be thrown out or any delay cannot be refused to be condoned. 12. In Concord of India Insurance Co. Ltd. v. Nirmala Devi [1979 (4) SCC 365] which is a case of negligence of the Counsel which misled a litigant into delayed pursuit of his remedy, the default in delay was condoned. In Lala Matu Din v. A. Narayanan [1969 (2) SCC 770], this Court had held that there is no general proposition that mistake of Counsel by itself is always sufficient cause for condonation of delay. It is always a question whether the mistake was bona fide or was merely a device to cover an ulterior purpose. In that case it was held that the mistake committed by the Counsel was bona fide and it was not tainted by any mala fide motive. 13. In State of Kerala v. E.K. Kuriyipe [1981....
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.... but because it is capable of removing injustice and is expected to do so. Making a justice-oriented approach from this perspective, there was sufficient cause for condoning the delay in the institution of the appeal. The fact that it was the State which was seeking condonation and not a private party was altogether irrelevant. The doctrine of equality before law demands that all litigants, including the State as a litigant, are accorded the same treatment and the law is administered in an even-handed manner. There is no warrant for according a step-motherly treatment when the State is the applicant. The delay was accordingly condoned. 15. Experience shows that on account of an impersonal machinery (no one in charge of the matter is directly hit or hurt by the judgment sought to be subjected to appeal) and the inherited bureaucratic methodology imbued with the note-making, file-pushing, and passing-on-the-buck ethos, delay on its part is less difficult to understand though more difficult to approve. The State which represents collective cause of the community, does not deserve a litigant-non-grata status. The Courts, therefore, have to be informed with the spirit and philosop....
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....racteristic of the functioning of the Government. Government decisions are proverbially slow encumbered, as they are, by a considerable degree of procedural red-tape in the process of their making. A certain amount of latitude is, therefore, not impermissible. It is rightly said that those who bear responsibility of Government must have "a little play at the joints". Due recognition of these limitations on governmental functioning - of course, within reasonable limits - is necessary if the judicial approach is not to be rendered unrealistic. It would, perhaps, be unfair and unrealistic to put Government and private parties on the same footing in all respects in such matters. Implicit in the very nature of Governmental functioning is procedural delay incidental to the decision-making process. The delay of over one year was accordingly condoned. 17. It is axiomatic that decisions are taken by officers/agencies proverbially at slow pace and encumbered process of pushing the files from table to table and keeping it on table for considerable time causing delay - intentional or otherwise - is a routine. Considerable delay of procedural red-tape in the process of their making decisi....