ORIGINAL JURISDICTION - Orissa High Court

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7. Hence on reappraisal of the evidence on record in the opinion of this
Court, there was no clear, cogent and convincing evidence to hold the
appellant guilty of charge u/s. 376, IPC and the judgment of conviction and
sentence returned by the trial court in this case appear to be indefensible.
Hence, the appeal stands allowed. The impugned judgment of conviction
and sentence returned by the trial court are set aside and the appellant is
acquitted of the charge.
The appellant stands discharged of his bail bond.
Application allowed.
2010 ( I ) ILR-CUT- 391
S.C.PARIJA,J.
PRINCIPAL SECY.TO GOVT. OF ORISSA, S & M.E.DEPTT.& ORS. -V-
MANAGING COMMITTEE OF SRI JATINDRANATH HIGH
SCHOOL,KAITHA KHOLA,BHADRAK.*
OCTOBER 27,2009.
LIMITATION ACT, 1963 (ACT NO.36 OF 1963) – SEC.5.
Condonation of delay – Law is well settled that time barred cases
should not be entertained by Courts as the rights which have accrued
to others by reason of delay in approaching the Court can not be
allowed to be disturbed unless there is a reasonable explanation for
the delay – The vested rights of the parties should not be disrupted at
the instance of a person who is guilty of culpable negligence.
In the present case the State functionaries filed appeal against the
judgment of the State Education Tribunal after a delay of 376 days and
the same having been dismissed for non-compliance of peremptory
order, the present restoration application has been filed after a delay of
282 days.
Held, this Court finds no sufficient and bona fide cause to condone
the inordinate delay in filing the restoration application.
Case laws Relied on:-
1.AIR 1974 SC 259 : (R.S.Deodhar -V-State of Maharashtra).
2.AIR 1986 SC 2O86 : ( K.R.Mudgal -V- R.P.Singh).
Case laws Referred to:-
1.AIR 1987 SC1353 : (Collector, Land Acquisition, Anantnag & Anr.-V-
Mist.Katij & Ors.).
2.AIR 1988 SC 897 : ( G.Ramegowda Major etc.-V- Special Land Acquisition