Thought for Today, 30 th January 2019

An error does not become truth by reason of multiplied propogation nor does truth becomes error because nobody sees it.Truth stands, even if there be no public suppport.It is self sustained.

Mahatma Gandhi

Tuesday, July 03, 2012

No limitation for filing writ under Artticle 226 but Courts to interfere in cases where they are approached expeditiously

The Supreme Court in its judgement delivered on 25 th May 2012, while deciding the civil Appeal  filed by one Vijay Kaul & others has reiterated that though there is no period of limitation for filing a writ under Article 226 of the Consttitution, the Courts should not interfere after the  passage of certain length of time. The Supreme Court has reproduced the following extract of it's earlier land mark judgement in case of  
P.S. Sadashivswami V/S State of Tamilnadu, A.I.R.1974 SC 2271:

" It is not that there is any period of limitation for the Courts to exercise their powers under Article 226 nor is it that there can never be a case where the Courts canno interfere in a matter after the passage of certain length of time, But it would be a sound and wise exercise their powers under Article 226 in case of persons who do not approach it expeditiously for relief and who stand by and allow things to happen and then approach the courts to put forward stale claims and try to unsettle matters."

The judgment in Civil appeal No. 4986-4989 of 2007 filed by Vijay Kaul and Others is available on this blog.


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