Sunday, 11 March 2012

Delay by Department in filing appeal cannot be mechanically condoned


Chief Post Master General vs. Living Media India Ltd (Supreme Court)



The Government filed an appeal to challenge the judgement of the High Court. There was a delay of 427 days in filing the appeal which was caused due to the normal bureaucratic procedure. The department cited a number of judgements and argued that in matters relating to the Government, a lenient view had to be taken as there was no want of bona fides. HELD dismissing the appeal:

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Delhi HC holds 10% pre-deposit requirement for penalty-only appeals inapplicable where SCN was issued before amendment

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