Repeated Representation Doesn't Extend Limitation Nor Can Be Ground To Plead Fresh Cause Of Action To Overcome Delay & Laches: Delhi High Court
3 years, 1 month ago

Repeated Representation Doesn't Extend Limitation Nor Can Be Ground To Plead Fresh Cause Of Action To Overcome Delay & Laches: Delhi High Court

Live Law  

The Delhi High Court reiterated that it is a settled law that repeated representation does not extend limitation nor can be a ground to plead a fresh cause of action to overcome delay and laches. Patel and Justice Jyoti Singh dismissed an appeal filed with a delay of 46 years from the date the shop in question was demolished and over 11 years from. The appellant's case was that the Single Judge has erred in not granting the said relief and had erroneously dismissed the writ petition as being barred by delay and laches. The Court dismissed the appeal citing that there is a delay of 46 years between the demolition of the shop and filing of the writ petition.

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History of this topic

Procrastination Greatest Thief Of Time, High Court Rejects Plea Of Punjab Judiciary Aspirants Whose Selections Were Cancelled Back In 2002
2 weeks ago

Procrastination Greatest Thief Of Time, High Court Rejects Plea Of Punjab Judiciary Aspirants Whose Selections Were Cancelled Back In 2002

Live Law  

The Punjab and Haryana High Court has dismissed the plea of two judiciary candidates, whose selection was cancelled in 2002 for alleged involvement in recruitment scam, seeking appointment. The division bench said, "This Court, while testing the plea of the petitioners, is pertinently required to lift the veil so as to see whether such plea satisfies the touchstone of doctrine …

Mediation Time Period Can Be Excluded While Computing Limitation For Filing Written Statement: Delhi High Court
1 month, 1 week ago

Mediation Time Period Can Be Excluded While Computing Limitation For Filing Written Statement: Delhi High Court

Live Law  

The Delhi High Court has observed that the time spent during the mediation process can be excluded while calculating the limitation period for filing a written statement under the Delhi High Court Rules, 2018. The Joint Registrar however dismissed their applications for condonation of delay on the ground that the written statements were filed beyond the period prescribed in CPC …

Delay Beyond 15 Days In Filing Appeal Cannot Be Condoned As Per Proviso To Section 61(2) Of IBC: NCLAT
1 month, 3 weeks ago

Delay Beyond 15 Days In Filing Appeal Cannot Be Condoned As Per Proviso To Section 61(2) Of IBC: NCLAT

Live Law  

The NCLAT New Delhi bench of Justice Ashok Bhushan, Mr. Barun Mita and Mr. Arun Baroka has held that delay in filing an appeal beyond 15 days as per section 61 proviso of the Insolvency and Bankruptcy Code cannot be condoned. The appellant submitted that the appeal has been filed within a period of limitation that is within 45 days …

Briefing Standing Counsel, Obtaining Approvals From Officials Not 'Sufficient Cause' For Condoning Delay In Filing Appeal: Delhi High Court
1 month, 3 weeks ago

Briefing Standing Counsel, Obtaining Approvals From Officials Not 'Sufficient Cause' For Condoning Delay In Filing Appeal: Delhi High Court

Live Law  

While rejecting an appeal moved by Delhi Government's Directorate of Education, the Delhi High Court has ruled that obtaining approvals from officials of its departments and briefing the standing counsel are not “sufficient cause” for application of condonation of delay under Section 5 of the Limitation Act. “In any event, in our considered view the aforesaid plea taken by the …

166 Days Delay In Re-Filing Appeal Cannot Be Condoned In Absence Of Genuine And Plausible Explanation: NCLAT
2 months ago

166 Days Delay In Re-Filing Appeal Cannot Be Condoned In Absence Of Genuine And Plausible Explanation: NCLAT

Live Law  

The NCLAT New Delhi bench of Justice Ashok Bhushan and Mr. Barun Mitra has held that a delay of 166 in re-filing an appeal cannot be condoned in the absence of a plausible and genuine explanation offered for the same. No.6903 of 2024 is an application praying for condonation of 166 days delay in refiling an appeal. When the Appeal …

'Strength' Or 'Weakness' Of Case Cannot Justify Delay In Filing Appeal: Andhra Pradesh High Court
2 months, 1 week ago

'Strength' Or 'Weakness' Of Case Cannot Justify Delay In Filing Appeal: Andhra Pradesh High Court

Live Law  

The Andhra Pradesh High Court, while dismissing a condonation of delay application, observed that the strength or weakness of a case cannot justify the delay if the appellant has failed to demonstrate diligence in filing the appeal. Consequently, the appellants filed the present appeal along with an application to condone the delay of 880 days in filing the same. “Though …

'Right To Access Justice Not Absolute' : Supreme Court Imposes Rs 1 Lakh Cost On Litigant For Multiple Frivolous Cases
2 months, 1 week ago

'Right To Access Justice Not Absolute' : Supreme Court Imposes Rs 1 Lakh Cost On Litigant For Multiple Frivolous Cases

Live Law  

The Supreme Court recently imposed a heavy cost of Rs.1,00,000 on the petitioner, who over the span of more than 11 years filed frivolous litigants and indulged in forum shopping more than 10 times including before the High Court of Bombay and the Supreme Court. The petitioner then filed an application to the Ministry of Law & Justice seeking inquiry …

Sufficiency Of Reasons Over Number Of Days Is Considered While Determining Plea Of Condonation Of Delay U/S 37(1)(2) Of Arbitration Act: Delhi HC
3 months ago

Sufficiency Of Reasons Over Number Of Days Is Considered While Determining Plea Of Condonation Of Delay U/S 37(1)(2) Of Arbitration Act: Delhi HC

Live Law  

The Delhi High Court Bench of Justice Rekha Palli and Justice Saurabh Banerjee held that the appellant failed to demonstrate any plausible reasons for the delay caused in filing the present appeal. The appeal was also accompanied by two applications, the first seeking condonation of 670 days delay in filing the appeal and the second 591 days delay in re-filing …

Court Can Quash SCNs And Proceedings Under GST Act, Customs Act Or Finance Act On Ground Of Inordinate Delay In Adjudication: Delhi HC
3 months, 1 week ago

Court Can Quash SCNs And Proceedings Under GST Act, Customs Act Or Finance Act On Ground Of Inordinate Delay In Adjudication: Delhi HC

Live Law  

The Delhi High Court has made it clear that Show Cause Notices and adjudication proceedings under the Customs Act, 1962, the Finance Act, 1994 or the Central Goods and Services Tax, 2017 cannot be kept pending for years. Court said the phrase cannot be construed as a free-pass and “Ultimately it is incumbent upon the authority to establish that it …

Special Treatment Cannot Be Given To Govt For Delay In Filing Appeal U/S 37 Of Arbitration Act: Delhi High Court
3 months, 3 weeks ago

Special Treatment Cannot Be Given To Govt For Delay In Filing Appeal U/S 37 Of Arbitration Act: Delhi High Court

Live Law  

The Delhi High Court bench of Ms. Justice Rekha Palli and Mr. Justice Saurabh Banerjee has affirmed that just because the appellant is government that doesn't mean that a special treatment will be given while condoning the delay in filing the appeal under section 37 of the Arbitration Act. That In M/s Jaitely Construction Co. v. Union of India the …

Liberty To File Fresh Application Not Fresh Cause Of Action, Limitation U/S 34(3) Of Arbitration Act Cannot Be Extended: Delhi High Court
3 months, 3 weeks ago

Liberty To File Fresh Application Not Fresh Cause Of Action, Limitation U/S 34(3) Of Arbitration Act Cannot Be Extended: Delhi High Court

Live Law  

The Delhi High Court Bench of Justice Rekha Palli and Justice Saurabh Banerjee have held that mere liberty to file a fresh application before the competent Court does not amount to a fresh cause of action occurring in the appellant's favour. The relevant date of the Award always remained unchanged, and therefore even after availing the benefit of the period …

Time Spent In Bona Fide Proceedings Before Court Without Jurisdiction To Be Excluded When Considering Objection On Limitation In S.11 Plea: Delhi HC
4 months, 1 week ago

Time Spent In Bona Fide Proceedings Before Court Without Jurisdiction To Be Excluded When Considering Objection On Limitation In S.11 Plea: Delhi HC

Live Law  

The Delhi High Court bench comprising of Justice Subramonium Prasad, while hearing a Section 11 petition, has held that the petitioner's claim cannot be treated as dead one simply because they spent time on bona fide court proceedings before a court without jurisdiction. The petitioner then filed an application under Section 12 of the Commercial Court Act for pre-litigation mediation …

Even Though Writ Petitions Have No Limitation Period, They Must Be Filed Within Reasonable Time: J&K High Court Dismisses Plea Filed After 26 Yrs
7 months, 2 weeks ago

Even Though Writ Petitions Have No Limitation Period, They Must Be Filed Within Reasonable Time: J&K High Court Dismisses Plea Filed After 26 Yrs

Live Law  

The Jammu and Kashmir and Ladakh High Court on Friday ruled that filing representations on stale matters or those barred by limitation cannot create a fresh cause of action or revive a dead claim, even if these representations are considered by competent authorities or the Court directs their consideration. Even though there is no period of limitation provided for filing …

Petitions U/S 482 CrPC Filed With Delay Or To Overcome Expired Limitation Of Alternate Remedy Cannot Be Entertained: Delhi High Court
8 months ago

Petitions U/S 482 CrPC Filed With Delay Or To Overcome Expired Limitation Of Alternate Remedy Cannot Be Entertained: Delhi High Court

Live Law  

The Delhi High Court has observed that failure to avail alternate remedy on the ground of ongoing settlement process is not a reason for the court to exercise its discretionary power to quash the complaint cases. where it is filed with unexplained delay and laches and in the meantime, the trial has proceeded.” It referred to the Supreme Court case …

Application Under Section 29A A&C Can Be Allowed Even After Expiry Of Arbitral Tribunal's Mandate: Delhi High Court
11 months, 3 weeks ago

Application Under Section 29A A&C Can Be Allowed Even After Expiry Of Arbitral Tribunal's Mandate: Delhi High Court

Live Law  

The Delhi High Court single bench of Justice Jasmeet Singh held that the application under Section 29A of the Arbitration and Conciliation Act, 1996 can be allowed even after the expiry of the mandate of the Arbitral Tribunal. Brief Facts: The Petitioner approached the Delhi High Court seeking extension of time for completion of the arbitration proceedings. Observations by the …

Limitation Act | Doesn't Encompass Long Delays, Condonation Only In Exceptional Cases: Allahabad High Court Dismisses Section 37 A&C Petition
11 months, 3 weeks ago

Limitation Act | Doesn't Encompass Long Delays, Condonation Only In Exceptional Cases: Allahabad High Court Dismisses Section 37 A&C Petition

Live Law  

The Allahabad High Court single bench of Justice Shekhar B. Saraf held that Section 5 of the Limitation Act does not encompass long delays, and condonation can only be granted in exceptional cases where the appellant acted in a bona fide manner and not negligently. Furthermore, the High Court emphasized the applicability of Section 5 of the Limitation Act to …

Delay Occurred In Filing Appeal Against Acquittal Under S.378 CrPC Can Be Condoned Under Limitation Act: Supreme Court
1 year, 1 month ago

Delay Occurred In Filing Appeal Against Acquittal Under S.378 CrPC Can Be Condoned Under Limitation Act: Supreme Court

Live Law  

The Supreme Court held that the delay that occurred in preferring an appeal against the acquittal can be condoned under Section 5 of the Limitation Act, 1963. Arguments Made by the Parties The appellant-accused contended that the High Court could not have allowed the delay condonation application as the delay occurred in filing the appeal against the acquittal cannot be …

Under Section 34(3) Of The A&C Act, The Limitation Period Of 3 Months Plus 30 Days In Inelastic And Inflexible: Delhi High Court Reiterates
1 year, 2 months ago

Under Section 34(3) Of The A&C Act, The Limitation Period Of 3 Months Plus 30 Days In Inelastic And Inflexible: Delhi High Court Reiterates

Live Law  

The High Court of Delhi has held that under Section 34 of the A&C Act, the limitation period of 3 months plus 30 days in inelastic and inflexible. The bench of Justices Suresh Kumar Kait and Neena Bansal Krishna explained that the challenge petition must be filed within 3 months from the date of the receiving of the award, however, …

'Sufficient Cause' In Limitation Act Can't Be Liberally Construed For Govt Departments : J&K High Court
1 year, 2 months ago

'Sufficient Cause' In Limitation Act Can't Be Liberally Construed For Govt Departments : J&K High Court

Live Law  

The Jammu and Kashmir and Ladakh High Court has held that the expression "sufficient cause" in Section 5 of the Limitation Act cannot be liberally construed just because a government department is seeking condonation of delay. Justice Javed Iqbal Wani made these observations while dismissing an application seeking condonation of a 65-day delay in filing a review petition by the …

Statutory Appeal Period Under Customs Act, Appellate Authority Has No Power To Condone Delay: Delhi High Court
1 year, 5 months ago

Statutory Appeal Period Under Customs Act, Appellate Authority Has No Power To Condone Delay: Delhi High Court

Live Law  

The Delhi High Court has held that the appellate authority has no power to allow the appeal to be presented beyond the period of 30 days.The bench of Justice Yashwant Varma and Justice Dharmesh Sharma has relied on the decision of the Supreme Court in the case of Singh Enterprises vs. Commissioner of Central Excise, Jamshedpur & Ors., in which …

Period Of Limitation For Filing Appeal Against Family Court Order Is 30 Days, Delay Can Be Condoned If Sufficient Cause Shown: Delhi High Court
1 year, 6 months ago

Period Of Limitation For Filing Appeal Against Family Court Order Is 30 Days, Delay Can Be Condoned If Sufficient Cause Shown: Delhi High Court

Live Law  

The Delhi High Court has ruled that the period of limitation for filing an appeal against a judgment or order of the family court is 30 days.A division bench of Justice Sanjeev Sachdeva and Justice Vikas Mahajan added that the delay in filing of such an appeal can be condoned under Section 5 of the Limitation Act. The Delhi High …

Made It A 'Fairy Tale' : Punjab & Haryana High Court Pulls Up Judicial Officers For Taking Plea “Leisurely” With Long Adjournments
1 year, 6 months ago

Made It A 'Fairy Tale' : Punjab & Haryana High Court Pulls Up Judicial Officers For Taking Plea “Leisurely” With Long Adjournments

Live Law  

The Punjab & Haryana High Court criticised the Judicial Officers for delay in disposing of the plea for cancellation of suspension of sentence in a Negotiable Instrument Act case.Observing that the plea is pending since 2021 and adjourned on multiple occasions, the bench of Justice Mahabir Singh Sindhu said, “A perusal of the above extract clearly reveals that the officers …

Condonation Of Delay Is An Exception, Should Not Be Used As Per Convenience Of Government Departments: Delhi High Court
1 year, 7 months ago

Condonation Of Delay Is An Exception, Should Not Be Used As Per Convenience Of Government Departments: Delhi High Court

Live Law  

The Delhi High Court has observed that condonation of delay is an exception which should not be used as per convenience of the Government departments. Justice Chandra Dhari Singh added that courts must not treat Government agencies differently while deciding the applications for condonation of delay and that the Government is under “special obligation” to ensure that their duties are. …

No Justification For Not Adjudicating The Notice For More Than 13 Years After Its Issuance: Delhi High Court
1 year, 11 months ago

No Justification For Not Adjudicating The Notice For More Than 13 Years After Its Issuance: Delhi High Court

Live Law  

The Delhi High Court has held that there is no justification for not adjudicating the notice for more than thirteen years after its issuance.The bench of Justice Vibhu Bakhru and Justice Amit Mahajan has observed that the larger public interest requires that the Revenue Department and its officials adjudicate the show cause notice expeditiously and within a reasonable time. The …

Section 17 Of Limitation Act Inapplicable Where Limitation Is Prescribed For Appeal: NCLAT Delhi
2 years, 2 months ago

Section 17 Of Limitation Act Inapplicable Where Limitation Is Prescribed For Appeal: NCLAT Delhi

Live Law  

The National Company Law Appellate Tribunal, Principal Bench, comprising of Justice Ashok Bhushan and Mr. Barun Mitra, while adjudicating an appeal filed in Maharashtra State Electricity Distribution Company Ltd. v NRC Ltd. & Anr., has held that Section 17 of Limitation Act, 1963 deals with period of limitation in the case of any suit or application. Effect of fraud or …

Delay In Filing Appeal; Incorrect Particulars: Supreme Court Imposes Rs One Lakh Costs On UP Government For Casual Approach
2 years, 3 months ago

Delay In Filing Appeal; Incorrect Particulars: Supreme Court Imposes Rs One Lakh Costs On UP Government For Casual Approach

Live Law  

Pointing out that the State litigation cannot be so 'casual', the Supreme Court of India recently rapped the Uttar Pradesh government for filing an appeal plea quite belatedly, with incorrect particulars. "A cursory reference to the pandemic situation is baseless for the reason that no such situation was prevalent on the date of passing of the order by the High …

Alternate Remedy: Writ Petition Can Be Dismissed Even After Admission, Clarifies Chhattisgarh HC
2 years, 5 months ago

Alternate Remedy: Writ Petition Can Be Dismissed Even After Admission, Clarifies Chhattisgarh HC

Live Law  

The Chhattisgarh High Court has made it clear that there is no such rule that a writ petition, once admitted, cannot be dismissed on the ground of availability of alternative remedy.A bench of Justices Arup Kumar Goswami and Deepak Kumar Tiwari observed "as a proposition of law it cannot be countenanced that once a writ petition is entertained and admitted, …

Delhi High Court suspends sentence of ex-Haryana CM OP Chautala in assets case
2 years, 7 months ago

Delhi High Court suspends sentence of ex-Haryana CM OP Chautala in assets case

Live Mint  

The Delhi High Court on Wednesday suspended the sentence of former Haryana Chief Minister Om Prakash Chautala till the pendency of the appeal in a disproportionate assets case. to be decided along with the appeal, the sentence of the appellant/applicant is suspended till the pendency of the present appeal," said Delhi High Court, as per news agency ANI report. Earlier …

Practice Of Filing Representations In An Attempt To Extend Cause Of Action To Overcome Delay Should Be Discouraged: Delhi High Court
2 years, 8 months ago

Practice Of Filing Representations In An Attempt To Extend Cause Of Action To Overcome Delay Should Be Discouraged: Delhi High Court

Live Law  

The Delhi High Court has observed that the practice of filing representations, in an attempt to extend the cause of action as a ground to overcome the delay, should be discouraged.Justice Sanjeev Narula made the observation while dismissing a petition filed by Vindhya Gurukul College against the decision taken by Northern Regional Committee of NCTE in its 266th meeting wherein …

Courts Must Exercise Discretion To Condone Delay In Filing Written Statement After Due Circumspection: Punjab And Haryana High Court
2 years, 9 months ago

Courts Must Exercise Discretion To Condone Delay In Filing Written Statement After Due Circumspection: Punjab And Haryana High Court

Live Law  

Punjab and Haryana High Court while dealing with a petition against the order passed by the learned Additional Civil Judge, Ferozepur via which petitioner's defense was struck off, held that the provisions of Order 8 Rule 1 of the CPC are directory in nature, however, the Courts must exercise their discretion to condone the delay in filing the written statement …

'Govt Agency Not A Privileged Litigant': Calcutta High Court Refuses To Condone 302 Days Delay In Filing Appeal By CBI
2 years, 11 months ago

'Govt Agency Not A Privileged Litigant': Calcutta High Court Refuses To Condone 302 Days Delay In Filing Appeal By CBI

Live Law  

The Calcutta High Court has recently refused to grant relief under Section 5 of the Limitation Act to the Central Bureau of Investigation for condonation of delay of about 302 days in filing an appeal. Justice Bibek Chaudhuri remarked that the government agency is not a privileged litigant and no explanation is forthcoming as to why the heads of various …

Rights Accrued To Others Due To Delay In Approaching Court Shouldn't Be Disturbed If Delay Is Unexplained: Allahabad High Court
3 years ago

Rights Accrued To Others Due To Delay In Approaching Court Shouldn't Be Disturbed If Delay Is Unexplained: Allahabad High Court

Live Law  

The Allahabad High Court has observed that the time-barred cases should not be entertained by Courts as the rights, which have accrued to others by reason of delay in approaching the Court, cannot be allowed to be disturbed unless there is a reasonable explanation for the delay.The Bench of Justice Manju Rani Chauhan observed thus as it dismissed a Writ …

Mere Filing Of Representation Before Authorities Does Not Extend Limitation Period : Supreme Court
3 years ago

Mere Filing Of Representation Before Authorities Does Not Extend Limitation Period : Supreme Court

Live Law  

The Supreme Court observed that mere filing of representation before authorities does not extend the period of limitation.If it is found that the writ petitioner is guilty of delay and latches, the High Court should dismiss it at the threshold and ought not to dispose of the writ petition by relegating the writ petitioner to file a representation and/or directing …

Limitation Period Cannot Be Extended On Equitable Grounds: Supreme Court
3 years ago

Limitation Period Cannot Be Extended On Equitable Grounds: Supreme Court

Live Law  

The Supreme Court observed that an application for condonation of delay has to be dismissed if it is found that the delay is not properly explained and that the period of limitation cannot be extended on equitable ground.Otherwise, it would be giving a premium to a person who fails to explain the delay and who is guilty of delay and …

'It Takes Ages For Decree Holder To Realize Fruits Of Decree': Supreme Court Laments Delay In Execution
3 years, 1 month ago

'It Takes Ages For Decree Holder To Realize Fruits Of Decree': Supreme Court Laments Delay In Execution

Live Law  

While remarking that it is a classic case where the execution proceedings themselves become a second round of litigation and it takes ages for the decree holder to realize the fruits of success of a decree with judgment debtors assisted innovatively, the Supreme Court recently dismissed a SLP assailing Delhi High Court's order.The bench of Justices SK Kaul and MM …

Supreme Court Orders On Extension Of Limitation Not Applicable Where Defendant Was Not Prevented From Filing Written Statement: Delhi High Court
3 years, 3 months ago

Supreme Court Orders On Extension Of Limitation Not Applicable Where Defendant Was Not Prevented From Filing Written Statement: Delhi High Court

Live Law  

The Delhi High Court has observed that the Supreme Court's orders on extension of limitation will not be applicable in circumstances where the defendant was not prevented from filing written statement. It was on March 23 last year that the Supreme Court extended the limitation period for filing in all courts and tribunals with effect from March 15, 2020, until …

Supreme Court Seized Of The Matter: Delhi High Court Refuses To Hear Plea For Extension Of Emergency Parole To Prisoners Aged 65+
3 years, 7 months ago

Supreme Court Seized Of The Matter: Delhi High Court Refuses To Hear Plea For Extension Of Emergency Parole To Prisoners Aged 65+

Live Law  

The Delhi High Court on Thursday expressed its disinclination to hear a plea for extension of emergency parole for prisoners above 65 years and those suffering from comorbidities, stating that the Supreme Court is already seized of the matter. Rejecting the Petitioner's request to adjourn the case for a longer date, a Division Bench of Chief Justice DN Patel and …

Delhi High Court Expedites Trial In 40-Yr-Old Suit Pending Before Trial Court
4 years, 3 months ago

Delhi High Court Expedites Trial In 40-Yr-Old Suit Pending Before Trial Court

Live Law  

Delhi High Court on Friday issued directions for expediting hearing of a 40 years old suit, pending before the Trial Court since February 1980. Without getting into the controversy of what caused the delay in adjudication, a Bench of Justice Sanjeev Sachdeva observed that "since the Suit has been pending for over 41, trial court is directed to expedite the …

DRT Has No Power To Condone Delay In Filing Review Application Under RDB Act : SC [Read Judgment]
5 years, 1 month ago

DRT Has No Power To Condone Delay In Filing Review Application Under RDB Act : SC [Read Judgment]

Live Law  

The Supreme Court has held that the Debts Recovery Tribunal has no power to condone the delay in filing application for review under the Recovery of Debts and Bankruptcy Act 1993The Court held that the provisions of Limitation Act, including the provision to condone delay under Section 5 of it, apply only to original applications filed under Section 19 of …

Affidavit For Admission/Denial Of Documents in Commercial Suits Must Be Filed Within 45 Days: Delhi HC [Read Judgment]
5 years, 4 months ago

Affidavit For Admission/Denial Of Documents in Commercial Suits Must Be Filed Within 45 Days: Delhi HC [Read Judgment]

Live Law  

Delhi High Court has held that the maximum period for filing reapplication or an affidavit for admission/denial of documents is 45 days and the same has to be mandatory followed. In the present application, the Petitioner had challenged the order of the Joint Registrar which had disallowed the Petitioner to file an affidavit for admission/denial of documents after the termination …

NIA Act- It Would Be A Traversity Of Justice If A Convict's Appeal Is Not Heard On Merits On Account Of Bar Of Limitation: Delhi HC [Read Judgment]
5 years, 8 months ago

NIA Act- It Would Be A Traversity Of Justice If A Convict's Appeal Is Not Heard On Merits On Account Of Bar Of Limitation: Delhi HC [Read Judgment]

Live Law  

In a significant judgment upholding rights of accused especially the right to liberty, Delhi High Court allowed the application of an accused person namely Farhan Sheikh while condoning the delay in filing and re-filing the appeal saying appellant has shown "sufficient cause" for the delay. Bench of Justice Vipan Sanghi and Justice I.S.Mehta while passing the judgment noted that they …

Defence Evidence: Application U/S 243CrPC Cannot Be Rejected Unless It Is Vexatious, Delayed or Would Defeat The Ends of Justice:Delhi HC
5 years, 8 months ago

Defence Evidence: Application U/S 243CrPC Cannot Be Rejected Unless It Is Vexatious, Delayed or Would Defeat The Ends of Justice:Delhi HC

Live Law  

Delhi High Court has recently observed that issuing process for an application filed under section 243 of the Cr.P.C by the Trial Court was obligatory unless for reasons recorded, it is held that such application is vexatious, delayed or defeats the ends of justice. The order came based on a petition filed against a judgment of a Trial Court which …

Delhi HC Frowns Upon Rampant Practice Of Litigants Blaming Their Lawyers [Read Judgment]
7 years, 6 months ago

Delhi HC Frowns Upon Rampant Practice Of Litigants Blaming Their Lawyers [Read Judgment]

Live Law  

The Delhi High Court, on Monday, refused to permit an Appellant Company to shift the blame on its Counsel for the delay in challenging an ex-parte judgment and shared the Trial Court’s concerns on employment of such measures.“Trial court has, accordingly, held that appellant/defendant cannot conveniently shift the blame upon his counsels because now-a-days it is routine for the litigants. …

Delhi HC Frowns Upon Rampant Practice Of Litigants Blaming Their Lawyers [Read Judgment]
7 years, 6 months ago

Delhi HC Frowns Upon Rampant Practice Of Litigants Blaming Their Lawyers [Read Judgment]

Live Law  

The Delhi High Court, on Monday, refused to permit an Appellant Company to shift the blame on its Counsel for the delay in challenging an ex-parte judgment and shared the Trial Court’s concerns on employment of such measures.“Trial court has, accordingly, held that appellant/defendant cannot conveniently shift the blame upon his counsels because now-a-days it is routine for the litigants. …

Delhi HC Dismisses Plea Filed 898 Days After Lower Court’s Decree In Cheque Dishonour Case [Read Judgment]
7 years, 8 months ago

Delhi HC Dismisses Plea Filed 898 Days After Lower Court’s Decree In Cheque Dishonour Case [Read Judgment]

Live Law  

The Delhi High Court has dismissed a plea filed by a woman against a lower court’s’ decree in a suit for dishonour of cheque of Rs. 3.96 lakh passed almost three years ago.She urged the court to condone the delay saying she did not contact her advocate all this while, after the latter assured her of the best services.The high …

Keeping a Criminal Case pending for indefinite period amounts to violation of Constitutional Rights of Accused: Delhi HC [Read Order]
8 years, 11 months ago

Keeping a Criminal Case pending for indefinite period amounts to violation of Constitutional Rights of Accused: Delhi HC [Read Order]

Live Law  

Delhi High Court in Joginder Singh vs. State has observed that keeping a criminal case pending for indefinite period amounts to violation of constitutional rights of the accused recognized under Article 21 of the Constitution of India.Quashing the criminal cases against the accused which were pending since 1998, Justice Suresh Kait said “The petitioner is facing the trial since 1998. …

Keeping a Criminal Case pending for indefinite period amounts to violation of Constitutional Rights of Accused: Delhi HC [Read Order]
8 years, 11 months ago

Keeping a Criminal Case pending for indefinite period amounts to violation of Constitutional Rights of Accused: Delhi HC [Read Order]

Live Law  

Delhi High Court in Joginder Singh vs. State has observed that keeping a criminal case pending for indefinite period amounts to violation of constitutional rights of the accused recognized under Article 21 of the Constitution of India.Quashing the criminal cases against the accused which were pending since 1998, Justice Suresh Kait said “The petitioner is facing the trial since 1998. …

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