The Gauhati High Court adjudicated an interlocutory application seeking condonation of a 46-day delay in filing a connected appeal under Section 5 of the Limitation Act, 1963. The court observed the records and condoned the delay, disposing of the application.
The delay of 46 days in preferring the connected appeal was condoned.
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GAHC010222282018
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil) 3593/2018
1:SMTI KALPANA BARUAH W/O LATE PANKAJ CHANGKAKATI, R/O K.P.M. CHARIALI, NEAR THE AILA GAS AGENCY ROAD, P.O. AND P.S. SIVSAGAR, SIBSAGAR 785640
VERSUS
1:THE STATE OF ASSAM AND 3 ORS
REPRESENTED BY THE COMMISSIONER AND SECY. TO THE GOVT. OF ASSAM, EDUCATION (SECONDARY) DEPTT., DISPUR, GUWAHATI 781006
2:THE DIRECTOR OF SECONDARY EDUCATION ASSAM KAHILIPARA GUWAHATI 781019 3:THE INSPECTOR OF SCHOOLS SIVSAGAR CIRCLE SIVSAGAR ASSAM PIN 785640 4:THE COMMISSIONER AND SECY. TO THE GOVT. OF ASSAM FINANCE DEPTT. DISPUR GUWAHATI -0
Advocate for the Petitioner : MR. S K BARKATAKI
Advocate for the Respondent : SC, SEC. EDU.
Linked Case : WA 285/2018 1:SMTI KALPANA BARUAH W/O LATE PANKAJ CHANGKAKATI
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R/O K.P.M. CHARIALI NEAR THE AILA GAS AGENCY ROAD P.O. AND P.S. SIVSAGAR SIBSAGAR 785640
VERSUS 1:THE STATE OF ASSAM AND 3 ORS REPRESENTED BY THE COMMISSIONER AND SECY. TO THE GOVT. OF ASSAM EDUCATION (SECONDARY) DEPTT. DISPUR, GUWAHATI 781006 2:THE DIRECTOR OF SECONDARY EDUCATION ASSAM, KAHILIPARA GUWAHATI 781019 3:THE INSPECTOR OF SCHOOLS SIVSAGAR CIRCLE SIVSAGAR, ASSAM PIN 785640
4:THE COMMISSIONER AND SECY. TO THE GOVT. OF ASSAM FINANCE DEPTT. DISPUR, GUWAHATI -06
Advocate for the Petitioner : MR. S K BARKATAKI Advocate for the Respondent : SC SEC. EDU.
BEFORE
HON'BLE THE CHIEF JUSTICE (ACTING) HONOURABLE MR. JUSTICE AJIT BORTHAKUR
ORDER
Date : 05-10-2018
[A. K. Goswami, CJ (Acting)]
Heard Mr. S. K. Barkataki, learned counsel appearing for the applicant. Also heard Ms. P. Chakraborty, learned State counsel, appearing for the respondents.
This is an application under Section 5 of the Limitation Act, 1963, for condoning the delay of 46 days in preferring the connected appeal.
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Upon hearing the learned counsel for the parties and on perusal of the records of the
case, the delay in preferring the connected appeal is condoned.
Interlocutory Application stands disposed of.
JUDGE CHIEF JUSTICE (ACTING)
Comparing Assistant
1 issue framed by the court
Whether the delay of 46 days in preferring the connected appeal could be condoned under Section 5 of the Limitation Act, 1963.
1 provisions across 1 enactments
Smti Kalpana Baruah
State of Assam
Commissioner and Secy. to the Govt. of Assam
Director of Secondary Education Assam
Ajit Borthakur
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
