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Supreme Court of India 2019-05-03 allowed

Ganesan rep by Its Power Agent G. Rukmani Ganesan vs Commissioner, The Tamil Nadu Hindu Religious and Charitable Endowments Board & Ors

Bench: 2 — Ashok Bhushan

In Brief

A joint commissioner awarded ambalam (a traditional worship right) to the appellant under the Hindu Religious Endowment Charitable Act, 1959. A third party filed a belated appeal before the Commissioner, seeking to condone the delay by invoking Section 5 of the Limitation Act. The High Court allowed the delay condonation. The Supreme Court held that the Commissioner is not a "Court" as defined in the Act and Section 29(2) of the Limitation Act applies only to suits and appeals filed in courts, not before statutory authorities. Therefore, the Commissioner cannot condone delays using Section 5 of the Limitation Act. The appeal was allowed and the third party's belated appeal was dismissed.

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Hindu Religious Endowments Limitation of Suits and Proceedings Administrative Law Statutory Authorities Judicial Review Condonation of Delay

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