Compliance With An Order Under Threat Of Contempt Does Not Nullify The Right To Challenge The Order:

AdvoTalks: Talk to Lawyer

  • Compliance With An Order Under Threat Of Contempt Does Not Nullify The Right To Challenge The Order:
  • admin
  • 31 Jul, 2024

In the case of The State of Andhra Pradesh & Ors vs. Kopparla Santhi (Special Leave to Appeal (C) No. 2681/2024), the Supreme Court reviewed a matter that began with a writ petition filed in the High Court of Andhra Pradesh. The High Court had initially dismissed the petition (W.P No. 16019 of 2020) on July 28, 2021. Following this, the State of Andhra Pradesh attempted to file a writ appeal (WA. No. 969 of 2023) but was significantly delayed by 614 days.
 
The crux of the issue was whether this delay could be justified. The petitioners argued for condonation based on a Supreme Court order in M.A. No. 21 of 2022, which had accounted for delays due to the COVID-19 pandemic. However, the respondents pointed out that, even with this exception, there was still a 317-day delay.
 
The Supreme Court, with Justices C.T. Ravikumar and Prashant Kumar Mishra presiding, heard the case. The petitioners were represented by Senior Advocate Mr. R. Basant and his team, while the respondents had Ms. C.K. Sucharita and Mr. Vinod Kumar Gupta on their side.
 
The Supreme Court criticized the High Court for not adequately addressing the delay explanation. It found that the High Court's decision lacked the necessary reasoning and depth.
 
Key observations from the Supreme Court included:
 
1. On Judicial Reasoning: "Application of mind in judicial decisions is reflected through reasoning. The High Court's judgment appeared cursory and lacked this essential element."
   
2. On Compliance Under Threat: "Compliance under threat does not negate a party's right to legally challenge the order."
 
3. On Condonation of Delay: "Given the explanations provided, we believe the petitioners have sufficiently justified the delay in filing the appeal."
 
The Supreme Court overturned the High Court's November 7, 2023, order which had dismissed the writ appeal and denied the delay condonation. The case was reinstated and the High Court was directed to review the appeal based on its merits, in line with legal standards.
 
Also Noteworthy:
- The Supreme Court has asked State Bar Councils to report on mentorship programs for law students.
- The Bombay High Court affirmed that Motor Accident Claims Tribunals are competent to handle personal accident claims.
- The Supreme Court clarified that lockdowns do not extend statutory limitation periods.
- The Patna High Court imposed a Rs 10,000 fine on a live-in couple for filing false threats.
- The Andhra Pradesh High Court sentenced two IAS officers and three government officials to one month in jail for contempt of court.
 
AdvoTalks: Talk to Lawyer  https://www.advotalks.com/
for More Legal Updates visit our youtube channel 

Connect With The Lawyer !

Leave this empty:

OUR CORPORATE CLIENTS

Click To Call Button