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Supreme Court of India 2018-02-02 remanded

Arun Maan & Ors vs State of Uttar Pradesh & Ors

Bench: 2 — Kurian

In Brief

The Supreme Court considered an appeal against a High Court order that dismissed a writ petition on grounds of laches and excessive delay. The appellants had earlier withdrawn similar petitions from the Delhi High Court but had been expressly granted liberty to challenge the impugned orders in future proceedings. The Court held that where liberty is reserved by a court, the period of delay cannot be reckoned from the date of withdrawal of the earlier petition, and filing a subsequent petition within reasonable time does not constitute laches. The Court set aside the dismissal order and remitted the matter to the High Court for fresh consideration on merits, directing that it cannot be dismissed merely on grounds of delay."

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Constitutional Law Civil Procedure Laches Delay in Litigation Writ Petitions

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