Govt. has to be a Model and Ideal Litigant; ‘Delay’ not to be condoned merely because the applicant is the State: Bombay HC [Read Judgment]
8 years, 8 months ago

Govt. has to be a Model and Ideal Litigant; ‘Delay’ not to be condoned merely because the applicant is the State: Bombay HC [Read Judgment]

Live Law  

The Government, being the largest litigant, has to be a model and ideal litigant, a division bench of the Bombay High Court comprising of Justices S.C. Dharmadhikari and Dr. Shalini Phansalkar Joshi has observed while refusing to condone the delay by the Government in preferring Appeals. In another notice of motion filed, the delay was attributed to “the various internal correspondence of the Revenue Department with its superior authorities, for seeking permission to file the Appeal” Observing that there is no ‘sufficient cause’ stated to excuse the delay, the Court observed: “Absolutely no cause is given, as such, for condonation of delay and that of about 548 days in preferring the Appeals, except for attributing the same to the specious plea of "various factors". Merely stating that, "those factors relate to procedural mandates in Government functioning, which was not in control of the Appellant", cannot be sufficient, even accepting that, in litigations to which the Government is a party, there are some aspects, which perhaps cannot be ignored and those factors and aspects are required to be stated.” The Court further said: “We are also aware that certain amount of latitude in cases where Government is a litigant, is not impermissible, as the State represents collective cause of the community and what ultimately suffers is publicinterest, necessitating adoption of pragmatic approach to do substantive justice. The sheer and gross negligence on the part of the Government in preferring such Appeals cannot be condoned in this manner, as a routine or as a right of the Government, and that too to unearth the cause which is already set at rest.” Dismissing the petitions observing that if they are allowed, it will set a bad precedent and may encourage the Revenue in the ‘dilly dallying tactic’, the court observed: “a delay can hardly be explained by attributing the same merely to the functioning of the Government and internal correspondence.” Read the Judgment here.

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History of this topic

SC summons MP secretary over poor quality, delayed appeals
1 month, 2 weeks ago

SC summons MP secretary over poor quality, delayed appeals

Hindustan Times  

The Supreme Court has summoned the law secretary of Madhya Pradesh, expressing concern over the persistent delays and questionable merit of appeals filed by the state government before the top court. “We admire the courage with which the State of Madhya Pradesh has been filing special leave petitions in this Court over a period of time with delay of 300/400 …

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

Procedural Impediments In Govt Machinery Not 'Sufficient Cause' For Condoning Delay In Filing Appeal U/S 37 Of Arbitration Act: Patna High Court
2 months ago

Procedural Impediments In Govt Machinery Not 'Sufficient Cause' For Condoning Delay In Filing Appeal U/S 37 Of Arbitration Act: Patna High Court

Live Law  

The Patna High Court Bench of Justice Ramesh Chand Malviya has held that procedural impediments in the government machinery are not a 'sufficient cause' for condoning the delay in filing the appeal. However, the respondent argued that the appellants failed to assign the 'sufficient cause' of delay in filing the appeal on a day-to-day basis and stated the reason for …

Briefing Standing Counsel, Obtaining Approvals From Officials Not 'Sufficient Cause' For Condoning Delay In Filing Appeal: Delhi High Court
2 months 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, 1 week 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 …

[LARR Act, 2013] Court Cannot Condone Delay Beyond 120-Day Period In Appeal Against Award Of Compensation: Bombay High Court
2 months, 2 weeks ago

[LARR Act, 2013] Court Cannot Condone Delay Beyond 120-Day Period In Appeal Against Award Of Compensation: Bombay High Court

Live Law  

The Bombay High Court has observed that a delay in filing an appeal against the award of compensation under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 cannot be condoned by the court beyond a period of 120 days as provided under Section 74 of the Act. The Court stated that as Section …

‘Why should Govt of India not adhere to timelines’: Supreme Court slams Centre over delay in appeal filings
2 months, 3 weeks ago

‘Why should Govt of India not adhere to timelines’: Supreme Court slams Centre over delay in appeal filings

Hindustan Times  

The Supreme Court on Friday slammed the central government, including the National Highways Authority of India, for excessive delays in filing of appeals. Hearing a plea filed by the NHAI, Chief Justice Of India Sanjiv Khanna observed that everyone is adhering to the time schedule for filing appeals in almost 95 per cent of the cases, asking, “Why should the …

Penalize Govt Officers Who Cause Delay In Filing Of Appeals : Supreme Court Directs All States
3 months, 2 weeks ago

Penalize Govt Officers Who Cause Delay In Filing Of Appeals : Supreme Court Directs All States

Live Law  

The Supreme Court has directed all States to fix liability on government officers who cause delay in the filing of appeals/cases on behalf of the government and thereby cause loss to the public exchequer.The Court observed that in many cases, he filing of appeals are elayed due to the failure to communicate the decisions to the higher authorities in time. …

NIA Act | High Courts Cannot Expand Scope Of Interpretation, Condone Delay Beyond Permissible Limit: Madras High Court
4 months, 2 weeks ago

NIA Act | High Courts Cannot Expand Scope Of Interpretation, Condone Delay Beyond Permissible Limit: Madras High Court

Live Law  

The Madras High Court recently held that the High Court was not empowered to condone the delay in filing an appeal under the National Investigating Agency Act 2008 beyond the permissible limit. The court added that the language employed in the provision under the NIA Act was unambiguous and thus the courts could not condone the delay beyond the permissible …

Appeals Filed Without Delay Condonation Applications Cannot Be Rectified Later: Jharkhand High Court
7 months, 2 weeks ago

Appeals Filed Without Delay Condonation Applications Cannot Be Rectified Later: Jharkhand High Court

Live Law  

The Jharkhand High Court has ruled that if an appeal memo does not contain an application for the condonation of delay at the time of its filing, subsequent filing of such an application cannot cure the defect. Despite the court granting time to address the defects pointed out by the Stamp Reporter, the counsel for the Revenue did not take …

Understanding the Supreme Court’s stance on the right to a speedy trial
8 months, 2 weeks ago

Understanding the Supreme Court’s stance on the right to a speedy trial

Hindustan Times  

While granting bail to an accused recently, the SC lamented the “mockery of justice” by the prosecuting agency i.e., the National Investigation Agency and stated that regardless of the seriousness of the offence, the accused is entitled to bail if the prosecuting agency does not ensure a speedy trial. The SC has, through various judgements, held and reaffirmed that the …

[Arbitration Act] General Explanation Of Intra-departmental Analysis And Discussions Doesn't Constitute Credible Explanation For Delay In Filing Appeal: Delhi High Court
9 months, 2 weeks ago

[Arbitration Act] General Explanation Of Intra-departmental Analysis And Discussions Doesn't Constitute Credible Explanation For Delay In Filing Appeal: Delhi High Court

Live Law  

The Delhi High Court bench of Justice Vibhu Bakhru and Justice Tara Vitasta Ganju held that a general explanation of intra-departmental analysis and discussions doesn't constitute as valid and credible explanation for condonation of delay in filing an appeal under Section 37 of the Arbitration and Conciliation Act, 1996. Brief Facts: The Appellant approached the Delhi High Court and filed …

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

'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 …

Limitation Act Applies To Commercial Disputes But Delay Can Be Condoned Only In Exceptional Cases: Kerala High Court
1 year, 5 months ago

Limitation Act Applies To Commercial Disputes But Delay Can Be Condoned Only In Exceptional Cases: Kerala High Court

Live Law  

The Kerala High Court on Tuesday condoned a delay of 25 days in filing an appeal under the Commercial Courts Act, 2015, on the ground that such delay had not resulted in any loss on the part of the opposite party. The Division Bench comprising Justice Anil K. Narendran and Justice Sophy Thomas though took note of the intent of …

Liberal Approach Be Taken Regarding Delay In Appeals Filed By State : Supreme Court
1 year, 5 months ago

Liberal Approach Be Taken Regarding Delay In Appeals Filed By State : Supreme Court

Live Law  

The Supreme Court, recently, while deciding over a discretionary order of the High Court granting the prayer for condonation of delay observed that such an exercise of discretion does, at times, call for a liberal and justice-oriented approach by the Courts, where certain leeway could be provided to the State. By its impugned order, the High Court had allowed an …

MV Act | Award Can Be Stayed Even If Insurer's Application For Condonation Of Delay In Filing Appeal Is Pending: Bombay High Court
1 year, 5 months ago

MV Act | Award Can Be Stayed Even If Insurer's Application For Condonation Of Delay In Filing Appeal Is Pending: Bombay High Court

Live Law  

The Bombay High Court recently held that an ad-interim/interim stay can be granted on an award passed under the Motor Vehicles Act even if the appellants’ application for condonation of delay in filing the First Appeal against such award is pending. According to Rule 3-A of Order 41 of the CPC, “Where an application has been made under sub-rule, the …

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. …

In Time-Barred Appeal Under MV Act, Award Can’t Be Stayed Without First Deciding Delay Condonation Application: Andhra Pradesh High Court
1 year, 8 months ago

In Time-Barred Appeal Under MV Act, Award Can’t Be Stayed Without First Deciding Delay Condonation Application: Andhra Pradesh High Court

Live Law  

The Andhra Pradesh High Court has held that in a time barred appeal under Section 173 of the Motor Vehicles Act before the High Court, they stay of execution of the award cannot be granted, so long as the delay condonation matter is not decided finally, in view of 2nd proviso to Section 173 of the MV Act & Order …

Delay In Filing Of Appeal Under Section 42 Of IBC Is Condonable Under Section 5 Of Limitation Act: NCLAT Delhi
1 year, 9 months ago

Delay In Filing Of Appeal Under Section 42 Of IBC Is Condonable Under Section 5 Of Limitation Act: NCLAT Delhi

Live Law  

The National Company Law Appellate Tribunal, New Delhi Bench, comprising of Justice Ashok Bhushan and Shri Barun Mitra, while adjudicating an appeal filed in Canara Bank v Commercial Tax Department Circle 09, Indore, Madhya Pradesh & Anr., has held that delay in filing the Appeal under Section 42 of IBC is condonable in exercise of power under Section 5 of …

No Scope For Condonation Of Delay Beyond 15 Days, Much Less 45 Days: NCLAT Delhi
1 year, 11 months ago

No Scope For Condonation Of Delay Beyond 15 Days, Much Less 45 Days: NCLAT Delhi

Live Law  

The National Company Law Appellate Tribunal, Principal Bench, comprising of Justice Rakesh Kumar Jain and Shri Naresh Salecha, while adjudicating an appeal filed in Diwakar Sharma v Anand Sonbhadra, has held that there is no scope for condonation of delay beyond the period of 15 days much less 45 days, as there is no window available for NCLAT to exercise …

Can't Condone Delay If Applicant Fails To Show ‘Sufficient Cause’ For The Delay: Jharkhand High Court Reiterates
2 years, 1 month ago

Can't Condone Delay If Applicant Fails To Show ‘Sufficient Cause’ For The Delay: Jharkhand High Court Reiterates

Live Law  

The Jharkhand High Court has reiterated that the court should not allow an application for condonation of delay until and unless the applicant satisfies the court that he was prevented by any ‘sufficient cause’ from prosecuting the case. While dismissing the second appeal, Justice Sanjay Kumar Dwivedi observed: “The applicant must satisfy the Court that he was prevented by. While …

Can the Writ Court Condone Delay Beyond Time Limit Under GST Act: Madras High Court Refers Issue To DB
2 years, 2 months ago

Can the Writ Court Condone Delay Beyond Time Limit Under GST Act: Madras High Court Refers Issue To DB

Live Law  

The Madras High Court has referred to the division bench the issue of the power of the high court under Article 226 to condone the delay beyond the maximum time limit stipulated under the GST Act.The single bench of Justice Abdul Quddhose has observed that there were two contradictory views expressed by two judges of the Madras High Court.The petitioners …

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 …

Jurisdiction Of Second Appellate Authority Confined To Issue Of Limitation Where First Appeal Is Dismissed Citing Delay: MP High Court
2 years, 7 months ago

Jurisdiction Of Second Appellate Authority Confined To Issue Of Limitation Where First Appeal Is Dismissed Citing Delay: MP High Court

Live Law  

The Madhya Pradesh High Court, Indore Bench recently held that if the first appeal is dismissed by the first appellate authority solely upon rejection of the application for condonation of delay in filing the same, the jurisdiction of the second appellate authority would be confined to determining if the delay in filing the appeal before the first appellate authority should …

Limitation Act | Sufficient Cause U/S 5 Of Must Be Liberally Constructed So As To Advance Substantive Justice: J&K&L High Court
2 years, 7 months ago

Limitation Act | Sufficient Cause U/S 5 Of Must Be Liberally Constructed So As To Advance Substantive Justice: J&K&L High Court

Live Law  

The Jammu and Kashmir and Ladakh High Court recently ruled that the expression "sufficient cause" under Sec 5 of Limitation Act has to be given liberal construction and the Courts while considering the delay in filing appeal have to avoid technicalities so that merit is preferred and scuttling of decision on merits is avoided. The petitioners in their plea submitted …

Litigant Should Not Be Penalised For Advocate's Misconduct: Calcutta HC Condones 9 Yrs Delay In Filing Revision Plea, Imposes ₹10K Cost
2 years, 9 months ago

Litigant Should Not Be Penalised For Advocate's Misconduct: Calcutta HC Condones 9 Yrs Delay In Filing Revision Plea, Imposes ₹10K Cost

Live Law  

The Calcutta High Court on Thursday opined that a litigant should not be penalised for the misconduct of his advocate and accordingly allowed an application seeking condonation of delay of about 9 years and 4 months in filing the revision petition.The counsel appearing for the petitioner submitted before Justice Kaushik Chanda that the petitioner had not been informed by his …

Uncondonable Delay Cannot Be Condoned In A Routine Manner: Madras High Court
2 years, 11 months ago

Uncondonable Delay Cannot Be Condoned In A Routine Manner: Madras High Court

Live Law  

The Madras High Court has held that the Law of Limitation is substantive and that the litigations and appeals are to be filed within the period of limitation as contemplated under the Statutes. Justice S.M Subramaniam of the Madurai Bench was hearing a petition filed under Order XLI Rule 3A of the Code of Civil Procedure to condone the delay …

'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 …

'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 …

Sufficiency of cause does not give indefeasible legal right to ‘perpetual litigant’: HC
3 years, 5 months ago

Sufficiency of cause does not give indefeasible legal right to ‘perpetual litigant’: HC

Hindustan Times  

The Punjab and Haryana high court has rapped the Uttar Haryana Bijli Vitran Nigam for delay in challenging a lower court order stating that even sufficiency of cause does not result in any indefeasible legal right to a “perpetual litigant” such as UHBVN. The court observed that the explanation given by the UHBVN does not inspire confidence as specific dates …

No Litigant Can Assume As A Matter Of Right Court's Power To Condone Delay, Rights Accruing To Opposite Party Need To Be Kept In Mind: Delhi HC
3 years, 7 months ago

No Litigant Can Assume As A Matter Of Right Court's Power To Condone Delay, Rights Accruing To Opposite Party Need To Be Kept In Mind: Delhi HC

Live Law  

The Delhi High Court has observed that no litigant can assume, as a matter of right, the Court's power to condone delay and that the rights accruing to opposite party on account of the delayed action also needs to be kept in mind while exercising such a power. An application was therefore filed by the Petitioner under Order VIII Rule …

Whether It Is Mandatory To File A Formal Application For Condonation Of Delay? An Examination Of SC Judgement In Sesh Nath Sing's Case
3 years, 10 months ago

Whether It Is Mandatory To File A Formal Application For Condonation Of Delay? An Examination Of SC Judgement In Sesh Nath Sing's Case

Live Law  

in the context of the aforesaid issue. Eventually, a Writ Petition was filed by the said Respondent in the Patna High Court that held that the appeal before the Additional Collector ought to have been dismissed on the ground of limitation "as no application was filed for condonation of delay as contemplated by Section 5 of the Limitation Act." The …

Delay In Raising Juvenility Claim Is No Ground For Rejection Of Such A Claim: Supreme Court
4 years ago

Delay In Raising Juvenility Claim Is No Ground For Rejection Of Such A Claim: Supreme Court

Live Law  

The Supreme Court observed that the delay in raising the claim of juvenility is no ground for rejection of such a claim.Such a claim can be raised at any stage, even after the final disposal of the case, the bench comprising Justices Indira Banerjee and Krishna Murari observed.The court was considering an application filed by one Isha Charan who has …

"Officers Are In League With Assesses": Supreme Court Pulls Up Central Govt. Over Delay In Filing Revenue Appeals By Govt.
4 years, 1 month ago

"Officers Are In League With Assesses": Supreme Court Pulls Up Central Govt. Over Delay In Filing Revenue Appeals By Govt.

Live Law  

The Supreme Court on Wednesday pulled up the Union of India for its trend of filing appeals before the court in revenue matters with gross delay. Justice Chandrachud noted that repeatedly, the attention of the court has been drawn to the fact that appeals in revenue matters are being filed with gross delay, accompanied with an application for condonation of …

Administrative Delays Unacceptable; Concerned Govt. Officials Must Be Prosecuted For Dereliction Of Duty: Madras High Court
4 years, 1 month ago

Administrative Delays Unacceptable; Concerned Govt. Officials Must Be Prosecuted For Dereliction Of Duty: Madras High Court

Live Law  

The Madras High Court recently pulled up the Central Government for filing a civil appeal with a delay of 264 days. The case pertains to a Civil Miscellaneous Appeal filed by the Southern Railway Department of the Indian Railways, with an application for condonation of delay of 264 days. The Bench said, "Administration of Southern Railway is bound to ensure …

Delay In Delivery Of Reasoned Judgments Violates Fundamental Right To Life: Supreme Court Issues 'Reminder' To HCs [Read Judgment]
4 years, 4 months ago

Delay In Delivery Of Reasoned Judgments Violates Fundamental Right To Life: Supreme Court Issues 'Reminder' To HCs [Read Judgment]

Live Law  

The Supreme Court has 'reminded' the High Courts that delay in delivery of judgments is violation of Right to Life under Article 21 of the Constitution of India. the bench comprising Justices Sanjay Kishan Kaul and Hrishikesh Roy observed while considering an appeal filed against an order passed by Aurangabad bench of the Bombay High Court. The delay in delivery …

Supreme Court Of India Cannot Be A Place For The Governments To Walk In When They Choose Ignoring The Period Of Limitation: SC [Read Order]
4 years, 5 months ago

Supreme Court Of India Cannot Be A Place For The Governments To Walk In When They Choose Ignoring The Period Of Limitation: SC [Read Order]

Live Law  

Supreme Court of India cannot be a place for the Governments to walk in when they choose ignoring the period of limitation prescribed, the Apex Court bench headed by Justice Sanjay Kishan Kaul remarked.The court observed thus while dismissing a Special Leave Petition filed by the State of Madhya Pradesh with a delay of 663 days. Supreme Court of India …

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 …

Delay To File Suit For Specific Performance Not A Ground To Deny Relief If It Was Filed Within Limitation Period: SC [Read Judgment]
5 years, 8 months ago

Delay To File Suit For Specific Performance Not A Ground To Deny Relief If It Was Filed Within Limitation Period: SC [Read Judgment]

Live Law  

The Supreme Court has observed that the delay in filing suit for specific performance cannot be a ground to deny relief to the plaintiff, as long as it is filed within the period of limitation. While dismissing the suit, the Madras High Court had observed thus: "It has not been explained by the plaintiff as to why she should wait …

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 …

Government Authorities Cannot Approach The Court As And When They Please: SC Pulls Up Bihar Govt. Over Delay [Read Order]
5 years, 10 months ago

Government Authorities Cannot Approach The Court As And When They Please: SC Pulls Up Bihar Govt. Over Delay [Read Order]

Live Law  

Government working lethargy is not a pretext to condone the delay, said the Supreme Court while imposing cost of Rs. After 728 days from the date of the Division bench order, a special leave petition was filed before the Supreme Court. The bench comprising Justice Sanjay Kishan Kaul and Justice Indira Banerjee said: "We are of the view that a …

Supreme Court reserves verdict on Maharashtra's plea in Koregaon-Bhima case
6 years, 2 months ago

Supreme Court reserves verdict on Maharashtra's plea in Koregaon-Bhima case

India TV News  

The Supreme Court on Thursday reserved its verdict on the Maharashtra government's appeal challenging the refusal of the Bombay High Court to extend the 90-day limit for filing charge-sheet in the Koregaon-Bhima violence case. The top court was hearing an appeal of the state government against the Bombay High Court's order refusing to extend the time limit of 90 days …

Tax Appeals Are To Be Filed Before The Bench Allotted To The District Where Dispute Arose: Bombay HC [Read Order]
6 years, 5 months ago

Tax Appeals Are To Be Filed Before The Bench Allotted To The District Where Dispute Arose: Bombay HC [Read Order]

Live Law  

The Bombay High Court recently examined an important question of law that whether tax appeals against orders from different tribunals can be heard at the principal bench of the high court even though the dispute arose in a district which comes under other benches like Nagpur, Aurangabad or Goa.A division bench of Justice MS Sanklecha and Justice Riyaz Chagla held …

Is Notification Barring Release Of Rape Convict On Furlough Violative Of A.14, 21: Bombay HC Refers Question To Larger Bench [Read Order]
6 years, 6 months ago

Is Notification Barring Release Of Rape Convict On Furlough Violative Of A.14, 21: Bombay HC Refers Question To Larger Bench [Read Order]

Live Law  

A division bench of the Bombay High Court has referred an important question of law to a larger bench in a case involving a police officer convicted of rape of the victim who was in his custody. The question is – Whether Rule 4 of the Maharashtra Prisons Rules, 1959, introduced by the notification dated 26-8-2016, creating an absolute bar …

Both Bar & Bench Commit Mistakes; Wrong Legal Advice Is Valid Ground To Condone Delay In Filing Written Statement: Calcutta HC
6 years, 9 months ago

Both Bar & Bench Commit Mistakes; Wrong Legal Advice Is Valid Ground To Condone Delay In Filing Written Statement: Calcutta HC

Live Law  

The Calcutta High Court has observed that wrong advice of advocate can be considered as sufficient ground to condone the delay in filing the written statement.Justice Sabyasachi Bhattacharyya made this observation while setting aside a trial court order that rejected a petition to accept that a written statement was rejected, primarily on the premise that ignorance of law and wrong …

SC Pulls Up M’rashtra Govt For ‘Casual’ Approach In Filing Delay Condonation Applications [Read Order]
7 years, 2 months ago

SC Pulls Up M’rashtra Govt For ‘Casual’ Approach In Filing Delay Condonation Applications [Read Order]

Live Law  

The least we expect is that the language is such that it can be understood, said the Supreme Court, as it took a strong exception to the ‘casual’ approach of the Maharashtra Government in filing delay condonation applications.The bench comprising of Justice J Chelameswar and Justice Sanjay Kishan Kaul Court dismissed a Special Leave Petition filed by the state against …

HC Has Powers To Condone Delay In Filing Appeal Before Railway Claims Tribunal Act: MP HC [Read Opinion]
7 years, 10 months ago

HC Has Powers To Condone Delay In Filing Appeal Before Railway Claims Tribunal Act: MP HC [Read Opinion]

Live Law  

A division of Madhya Pradesh High Court has held the High Court has power to condone delay in filing an appeal made under section 23 of the Railway Claims Tribunal Act in exercise of powers under section 5 of the Limitation Act on sufficient cause being shown by an appellant.The division bench in response to the question referred to it …

HC Has Powers To Condone Delay In Filing Appeal Before Railway Claims Tribunal Act: MP HC [Read Opinion]
7 years, 10 months ago

HC Has Powers To Condone Delay In Filing Appeal Before Railway Claims Tribunal Act: MP HC [Read Opinion]

Live Law  

A division of Madhya Pradesh High Court has held the High Court has power to condone delay in filing an appeal made under section 23 of the Railway Claims Tribunal Act in exercise of powers under section 5 of the Limitation Act on sufficient cause being shown by an appellant.The division bench in response to the question referred to it …

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