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2016 (3) TMI 1338

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....dip Kr. Roy and K.K. Maiti, for the Petitioner. ORDER This application has arisen out of an application filed by the Chief Commissioner of Customs & Ors. praying for an order to condone the delay of 581 days. 2. Learned Senior Standing Counsel appearing on behalf of the petitioners by taking us to the petition as filed under Section 5 of the Limitation Act to convince this Court that....

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.... High Court dismissing the revision petition but SLP was dismissed summarily without assigning any reasons by Supreme Court and thereafter, the review petition having been dismissed by High Court, an SLP was again filed before Supreme Court against that judgment of High Court, held, the subsequent SLP would not be barred by res judicata". 5. In the other decision it was decided by the Hon'....

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....which has been reported in (2002) 3 SCC 195 corresponding to AIR 2002 S.C 1201. 6. In the decision of the Apex Court as cited by the Learned Advocate appearing on behalf of the opposite parties in Basawaraj & Anr. v. Special Land Acquisition Officer (supra) the Apex Court further held that "the law is hard but it is the law" while asking for the duty of the petitioner to file an applicatio....

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....review petition, that review petition was filed before this court on 8-10-2013 and the present application under Section 5 of the Limitation Act was filed on the same day along with that review application. 8. Mr. Roy the Learned Senior Standing Counsel submitted that it is true that each day's delay has not been explained but if total scenario is considered, then there is scope to get a f....