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Supreme Court of India 2019-05-03 allowed

GANESAN REP BY ITS POWER AGENT G. RUKMANI GANESAN vs THE COMMISSIONER THE TAMIL NADU HINDU RELIGIOUS AND CHARITABLE ENDOWMENTS BOARD

Bench: 2 — Ashok Bhushan, K.M. Joseph

In Brief

A dispute arose over whether a statutory Commissioner under the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959 could extend the time for filing an appeal by applying Section 5 of the Limitation Act, 1963. The Supreme Court held that the Commissioner is not a 'Court' as defined under either Act, and therefore lacks jurisdiction to condone delays under Section 5. The Court ruled that the Limitation Act applies only to suits, appeals and applications filed in courts, not before statutory authorities or quasi-judicial tribunals. The statutory scheme of the 1959 Act does not express an intent to apply Section 5. Therefore, the Commissioner's order condoning the delay was set aside and the appellant's appeal was dismissed as time-barred.

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Limitation Hindu Religious Endowments Statutory Appeal Procedure Administrative Law Quasi-judicial Tribunals

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