The Gauhati High Court, by an order dated 06.08.2022, allowed an interlocutory application for condonation of a 91-day delay in filing a connected review petition. The Chief Justice held that sufficient cause existed for the delay.
Delay of 91 days condoned; application allowed; review petition to be registered and listed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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GAHC010225692019
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil)/3104/2019
SMTI. SUPARNA SINHA (PRINCIPAL), DESHA BHAKTA TARUN RAM PHUKAN HIGHER SECONDARY SCHOOL, SILCHAR, DIST.- CACHAR, ASSAM, PIN- 788001.
VERSUS
THE STATE OF ASSAM AND 6 ORS
REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, DEPARTMENT OF SECONDARY EDUCATION, DISPUR, GUWAHATI, ASSAM, PIN- 781006.
2:THE STATE SELECTION BOARD ASSAM
REP. BY THE CHAIRMAN CUM COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM EDUCATION SECONDARY DEPARTMENT DISPUR GUWAHATI ASSAM PIN- 781006.
3:THE DIRECTOR OF SECONDARY EDUCATION ASSAM KAHILIPARA GUWAHATI ASSAM PIN- 781019.
4:THE INSPECTOR OF SCHOOLS CACHAR DISTRICT CIRCLE SILCHAR DIST.- CACHAR
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ASSAM PIN- 788001. 5:SILCHAR COLLEGE OF EDUCATION REP. BY THE ITS PRINCIPAL SUBHAS NAGAR SILCHAR DIST.- CACHAR ASSAM PIN- 788004. 6:THE ASSAM UNIVERSITY REP. BY THE CONTROLLER DARAGAKONA SILCHAR DIST.- CACHAR ASSAM PIN- 788011. 7:THE NATIONAL COUNCIL FOR TEACHERS EDUCATION REP. BY THE CHAIRPERSON HANS BHAWAN (WING-II) 1 BAHADUR SHAH ZAFAR MARG NEW DELHI
Advocate for the Petitioner : MRS N SAIKIA
Advocate for the Respondent : SC, SEC. EDU.
Linked Case : Review Petition No. 12738/2019 (Filing Number)
SMTI. SUPARNA SINHA
VERSUS
THE STATE OF ASSAM AND 6 ORS
-----------Advocate for :
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Advocate for : appearing for THE STATE OF ASSAM AND 6 ORS
BEFORE
HONOURABLE THE CHIEF JUSTICE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA
ORDER
Date : 06.08.2022
(R.M. Chhaya, CJ.)
Heard Ms. P. Goswami, learned counsel for the applicant/review petitioner. Also heard Mr. R.K. Borah, learned Additional Senior Government Advocate, Assam, appearing for the respondent Nos.1 to 4.
By this application under Section 5 of the Limitation Act, 1963, the applicant/review petitioner has prayed for condonation of delay of 91 days in preferring the connected review petition.
Considering the averments made in this application, more particularly in Paragraphs 2 to 8 of this application, I am of the view that the applicant/review petitioner has been able to establish sufficient cause for condonation of delay.
In the light of the aforesaid, delay of 91 days occurred in filing the connected review petition deserves to be condoned and the same is hereby condoned.
The interlocutory application is allowed.
Registry to register and number the connected review petition and list the same on 25.08.2022 along with Review Petition No.168/2019.
JUDGE CHIEF JUSTICE
Comparing Assistant
1 issue framed by the court
Whether delay of 91 days in filing a review petition deserves condonation under Section 5 of the Limitation Act, 1963.
1 provisions across 1 enactments
SMTI. SUPARNA SINHA
THE STATE OF ASSAM
SOUMITRA SAIKIA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
