TMI Blog2017 (3) TMI 343X X X X Extracts X X X X X X X X Extracts X X X X ..... entertain the writ petition after more than 13 years, particularly when statutory appeal was also available but the same was not filed and the order has attained finality - petition dismissed - decided against petitioner. - MISC. BENCH No. 2524 of 2017 - - - Dated:- 16-2-2017 - Hon'ble Sudhir Agarwal And Hon'ble Anant Kumar, JJ. For Petitioner : Hari Om Singh For Respondent : C.S.C.,Rajesh Singh Chauhan ORDER 1. The order of confiscation was passed by the competent authority on 28.3.2003. Admittedly, this order is appealable under Section 128 of the Customs Act, 1962 (hereinafter referred to as 'Act, 1962'), which provides that any person aggrieved by any decision or order passed under this Act by an of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... xplanation with regard to the delay and laches. Delay and laches constitute substantial reason for disentitling relief in equitable jurisdiction under Article 226 of the Constitution of India. In New Delhi Municipal Council Vs. Pan Singh and others J.T.2007 (4) SC 253, the Apex Court observed that after a long time the writ petition should not have been entertained even if the petitioners are similarly situated and discretionary jurisdiction may not be exercised in favour of those who approached the Court after a long time. It was held that delay and laches were relevant factors for exercise of equitable jurisdiction. In M/s. Lipton India Ltd. and Others Vs. Union of India and others, J.T. 1994 (6) SC 71 and M.R. Gupta Vs. Union of India an ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the observations of Sir Barnesdelay Peacock in Lindsay Petroleum Company Vs. Prosper Armstrong Hurde etc. (1874) 5 PC 239 and held as under : Now the doctrine of laches in Courts of Equity is not an arbitrary or technical doctrine. Where it would be practically unjust to give a remedy either because the party has, by his conduct done that which might fairly be regarded as equivalent to a waiver of it, or where by his conduct and neglect he has though perhaps not waiving that remedy, yet put the other party in a situation in which it would not be reasonable to place him if the remedy were afterwards to be asserted, in either of these cases, lapse of time and delay are most material...... Two circumstances always important in such cases ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
