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2015 (8) TMI 1514 - HC - Indian LawsCondonation of delay - application for condonation of delay has been filed on the ground that after getting knowledge of the order dated 20.11.2013, the same was forwarded for necessary action to the Higher Authorities - HELD THAT:- The Courts should not take liberal approach in the matter of condonation of delay when State's action in preferring an appeal is marred by serious laches and negligence in absence of "sufficient cause" - It is equally well settled that if the appellant has substance in the appeal then the appeal has to be on merits. The Apex Court time and again stated that there should be a liberal, pragmatic, justice-oriented, non-pedantic approach while dealing with an application for condonation of delay, for the courts are not supposed to legalise injustice but are obliged to remove injustice. Substantial justice being paramount and pivotal the technical considerations should not be given undue and uncalled for emphasis. There is distinction between inordinate delay and a delay of short duration. In the present case, the appeal is only barred by 137 days. The State representing the collective cause should be given some acceptable latitude. Application disposed off.
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