Allowed

The State of Assam and Anr. v. Dr. Bhaskar Jyoti Sarmah and Ors.

Gauhati HC1 Sept 2024I.A.(Civil)/2608/2024

Case brief

AI extract

What is this about?

The Court condoned a 3-day delay in filing a connected writ appeal under Section 5 of the Limitation Act, 1963, upon hearing counsel and finding no serious objection from respondents. The writ appeal was directed to be registered and listed for admission after three weeks.

What did the court decide?

Delay of 3 days in preferring the connected writ appeal is condoned.

The State of Assam and Anr. Vs Dr. Bhaskar… — Civil Procedure and Limitation | Gauhati HC (2024)

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Page No.# 1/3

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GAHC010124092024

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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

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Case No. : I.A.(Civil)/2608/2024 In WA No.6994/2024 (Filing Number)

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1.THE STATE OF ASSAM AND ANR

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REP BY THE SECRETRAY TO THE GOVT OF ASSAM HIGHER EDUCATION TECHNICAL DEPTT DISPUR GUWAHATI

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2: THE DIRECTOR OF TECHNICAL EDUCATION ASSAM

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KAHILIPARA GUWAHATI-19

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VERSUS

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1.DR. BHASKAR JYOTI SARMAH AND ORS

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SON OF JITENDRA NATH SARMAH, BHAGAWATIPARA, TITABAR, JORHAT785630.

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2:BARNALI DAS

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DAUGHTER OF LATE BIMAL KANTI DAS, SOUTH HAIBAR GAON LMD ROAD P.O.- HAIBARGAON NAGAON- 782002.

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3:DR. PARASA HAZARIKA

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DAUGHTER OF ARUN CH. HAZARIKA, E-7 CSIR NEIST COLONY PULIBOR JORHAT- 785001.

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4:MD. IMTIAZ ALAM

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SON OF MAHAMMAD ALI, SUNDARBARI NEAR MASJID HOUSE NO. 22 WARD NO. 2 ASSAM SISHU KALYAN ROAS JALUKBARI GUWAHATI781014.

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5:ANGSHUMAN GOSWAMI

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SON OF MANOJ KUMAR GOSWAMI, TULSI SHARMA PATH NEAR JONAKI SANGHA SCHOOL DHALAR SATRA JAIL ROADJORHAT- 785001.

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6:DR. PRATIBHA BORAH

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DAUGHTER OF LATE TULARAM BORAH,

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FLAT NO. 4A DIAMOND PLAZA MALOCUALI TINIALI JORHAT- 785001

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Page No.# 2/3

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For the Applicant(s) : Mr. A.R. Tahbildar, Advocate. For the Respondent(s) : Mr. S.S. Goswami, Advocate.

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Ms. R. Deka, Advocate.

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– BEFORE – HON’BLE THE CHIEF JUSTICE MR. VIJAY BISHNOI HON’BLE MR. JUSTICE SUMAN SHYAM

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02.09.2024 (Vijay Bishnoi, CJ)

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The matter comes upon for consideration of this Interlocutory Application, under Section 5 of the Limitation Act, 1963, preferred on behalf of the applicants with a prayer to condone the delay of 3(three) days in preferring the connected writ appeal.

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Mr. S.S. Goswami, learned counsel has appeared and accepted notice on behalf of the respondents. He has not seriously objected to the application for condonation of delay.

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Having heard the learned counsel appearing for the parties and after going through the contents of the application, we deem it appropriate to condone the delay of 3(three) days in preferring the connected writ appeal. Hence, the application is allowed and the delay of 3(three) days in preferring the connected writ appeal is condoned.

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Registry is directed to register the connected writ appeal and list the same for admission after 3(three) weeks while reflecting the names of the learned counsel for the respondents.

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Learned counsel for the applicants/appellants is directed to supply the copy of the connected writ appeal along with requisite documents to the learned

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counsel for the respondents during the course of the day.

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JUDGE CHIEF JUSTICE

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Comparing Assistant

The State of Assam and Anr. v. Dr. Bhaskar Jyoti Sarmah and Ors.

Case brief

What is this about?

What did the court decide?

The State of Assam and Anr. v. Dr. Bhaskar Jyoti Sarmah and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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