COURT: | Bombay High Court |
CORAM: | G. S. Kulkarni J, M. S. Sanklecha J |
SECTION(S): | 260A, 5 of Limitation Act |
GENRE: | Domestic Tax |
CATCH WORDS: | Condonation of delay |
COUNSEL: | A. Vissanji |
DATE: | February 13, 2015 (Date of pronouncement) |
DATE: | February 16, 2015 (Date of publication) |
AY: | 2003-04 |
FILE: | Click here to view full post with file download link |
CITATION: | |
S. 260A: Entire law on condonation of delay explained |
Section 5 of the Limitation Act cannot be stretched to bring about a situation of unsettling judicial decisions which stood accepted by the parties. If the contention of the applicant is accepted, it would create a situation of chaos and unsettling various orders passed from time to time by the Tribunal as accepted by the parties. The legislative mandate in stipulating a limitation to file an appeal within the prescribed limitation cannot be permitted to be defeated when a litigant has taken a decision not to pursue further proceedings. A new ruling is no ground for reviewing a previous judgment. If this is permitted, the inevitable consequence is confusion, chaos, uncertainty and inconvenience as then no orders can ever attain finality though accepted by parties
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