1968 (11) TMI 86 - SC - VAT and Sales Tax

Whether the petition deserves to be dismissed on the ground of delay?

Whether this court will inquire into belated and stale claims or take note of evidence of neglect of one's own rights for a long time?

Held that:- Petition dismissed. The judgment of the Bombay High Court in 1958 clearly shows that the merits of the petitioners' claim were not being examined. I can however find no merit in the contention that because there is an invasion of a fundamental right of a citizen he can be allowed to come to this court, no matter how long after the infraction of his right he applies for relief. The Constitution is silent on this point; nor is there any statute of limitation expressly applicable, but nevertheless, on grounds of public policy I would hold that this court should not lend its aid to a litigant even under article 32 of the Constitution in case of an inordinate delay in asking for relief and the question of delay ought normally to be measured by the periods fixed for the institution of suits under the Limitation Acts.