The argument that when a statue lays down to do a particular thing in a particular way, the said thing has to be done in that particular way only, otherwise it should not be done at all, finds its play in the case when an appeal is dismissed on the perceived reason that the statutory authority does not have the power to condone any delay which is more than three months... upon lengthy arguments being advanced, the Hon'ble Calcutta High Court has clearly held that such power is completely within the limits of the statutory authority (appellate)... It was categorically held that the provision under section 29(2) of the Limitation Act, 1963 holds good in this regard and by virtue of such provision u/s. 29(2), the provision under section 5 of the Limitation Act will apply.
Argued by yours truly, assisted by Stuti Bansal, Rinki
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