10 Dec delay and laches in writ petition
"7. The writ petition under Article 32 has been filed by C. Girija seeking direction to implement the order passed by the Division Bench of ... that there was no delay and laches on the part of the applicant. Applicant’s husband has sent several representations right from 2002. Normally, in the case of belated approach writ petition has to be dismissed. There is inordinate delay and laches on the part of the appellants in sending even the representation claiming salary. Emphasis was laid on the principle of delay and laches stating that resort to the extraordinary remedy under the writ jurisdiction at a … In the context of laches vis-a-vis writ petitions under article 32, the relevant questions which arise for consideration ... writ petition under article 32 for the quashing ofthe order of forfeiture passed ... delay in filing the petition namely, 15 years after the 1952 Rules were promulgated. Delay or laches is one of the factors to be borne in mind by the High Courts when they exercise their discretionary powers under Article 226 of the Constitution of India. A party is said to be guilty of laches when they come to the Court to assert their rights after a considerable delay in that respect. For, the writ petition was never examined on merits and was dismissed only on the ground of delay and laches, the matter is remitted to the writ Court for consideration afresh and its decision on merits. With respect to constitutional law, laches refers to the filing of a writ petition, however, unlike the law on limitations there is no specific time period after which a writ petition … Therefore, while there is no limitation period prescribed, if the delay in filing is quite long then the writ petition may be dismissed on the grounds of delay alone. Union of India which also though ultimately dismissed the writ petition for alternative plot on the ground of laches, the delay in that case being of thirteen years, but also discussed the law relating to alternative allotment. One of the exceptions to the said rule is cases relating to a continuing wrong. To summarise, normally, a belated service related claim will be rejected on the ground of delay and laches (where remedy is sought by filing a writ petition) or limitation (where remedy is sought by an application to the Administrative Tribunal). CORAM NOBIS — LACHES — DELAY AND UNREASONABLE DELAY It can be observed: “The petitioner filed the present petition on November 7, 1956. The appeal is disposed of in the above terms. bringing the petition, and the delay has prejudiced the non-moving party, then the court may deny relief. The cause of action, according to his own allegations, accrued to him on April 1, 1951. 9. 10. petitioner in filing a petition and such delay is not satisfactorily explained, the High Court may decline to intervene and grant relief in the exercise of its writ jurisdiction. The applicant came Because laches is an affirmative defense, the party asserting it must prove both unreasonable delay and prejudice by a preponderance of the evidence. 11. Thus, it was held by the Supreme Court that there is no limitation prescribed for filing a writ petition but ordinarily it is expected to be filed without any laches (i.e., delay). The writ petition had been filed with inordinate delay for which there is no explanation and hence deserves to be dismissed. ”6. Cause of action, according to his own allegations, accrued to him on April 1,.... Has to be dismissed laches is an affirmative defense, the party it... From 2002 be observed: “ the petitioner filed the present petition on November 7,.. 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