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Jammu and Kashmir and Ladakh High Court: 'Sufficient Cause' IN Limitation Act Cannot Be Liberally Constructed For Govt Departments

The Business Guardian

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December 30, 2023

The Jammu and Kashmir and Ladakh High Court in the case Union of India Vs Jagjeet Kour observed and has held that the expression 'sufficient cause' in Section 5 of the Limitation Act cannot be liberally construed just because a government department is seeking the condonation of delay.

The bench headed by Justice Javed Iqbal Wani in the case observed and has dismissed the application moved wherein seeking condonation of a 65-day delay in filing a review petition by the Union of India.

The court in the case observed and has emphasized that the government departments are equally being bound by the law of limitation and must provide cogent and plausible explanations for delays.

Facts of the case: In the present case, the bench of Justice Wanu was hearing the Review petition which arose from a writ petition filed by Jagjeet Kour, wherein seeking the compassionate appointment following the death of her husband, who being an employee of the Union of India.

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