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The Statute Of Limitation Puts The Sword Of Damocles To Rest: Delhi HC

Apoorva Mandhani
30 Sep 2017 12:31 PM GMT
The Statute Of Limitation Puts The Sword Of Damocles To Rest: Delhi HC
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The Delhi High Court recently made interesting observations on the Statute of limitation, while refusing to hear an Appeal which was filed after a delay of 504 days.

The Court noted that the application for condonation of delay did not disclose any ground for the delay and opined that it was prepared without any application of mind.

The Bench comprising Justice G.S. Sistani and Justice Chander Shekhar, thereafter, explained, “Simply put, the statute of limitation is a statute of repose, peace and justice. It enables the sword of Damocles to be put to rest. The respondent in such appeals has already faced the cumbrances of trial and been exonerated. The presumption of innocence has been strengthened. His mind is put to rest by the expiry of the period. Can the State be then allowed to wake up from its slumber one day and file an appeal? We think not. Unless the State is able to satisfactorily able to explain the delay, it would not be proper for the Court to condone it.”

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