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Mumbai University · Second Year LLB · Semester 3
State the difference between delay and laches.
State the difference between delay and laches.
Q1Answer in 2–3 sentencesAttempt any 6 out of 8 · 2 marks each · Total: 12 marks2025
Q1(2)2 MarksState the difference between delay and laches.
PointDelayLaches
NatureMere lapse of time in filing proceedings.Unreasonable delay coupled with prejudice to the opposite party or acquiescence by the petitioner.
Equitable ElementNot necessarily equitable bar.Equitable doctrine — based on “equity aids the vigilant, not the indolent”.
Effect in WritsCourt may condone with explanation.Court may refuse the writ even if the right exists.

State of M.P. v. Nandlal Jaiswal, AIR 1987 SC 251 — writ relief refused on ground of laches.