Why delay by CBI in filing appeal in Babri case, asks SC
11 years, 11 months ago

Why delay by CBI in filing appeal in Babri case, asks SC

The Hindu  

A responsible senior law officer should file an affidavit for the delay by the CBI in filing an appeal in the Babri Masjid demolition case, the Supreme Court said on Tuesday. The entirety of the case shows the recklessness of the institution.” Justice Dattu told counsel, “Basically, the delay seems to be on the part of the law officer, who should have filed an affidavit explaining the delay. We will ask the law officer to file an affidavit.” Counsel said: “we have a strong case on merits.” On May 20, 2010, the High Court upheld the May 4, 2001 special court order and dismissed the CBI’s revision plea for a direction to proceed with the conspiracy charge against Mr. Advani and others. The CBI filed the appeal nearly nine months after the High Court verdict, with an application for condonation of delay as appeal should have been filed within 90 days of the verdict.

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History of this topic

Supreme Court Wonders Why NCLAT Wrote Long Order On Delay Condonation Application Despite High Pendency
3 weeks, 5 days ago

Supreme Court Wonders Why NCLAT Wrote Long Order On Delay Condonation Application Despite High Pendency

Live Law  

The Supreme Court recently expressed surprise that the National Company Law Appellate Tribunal, despite having a high pendency of cases, devoted extensive time and effort to writing a 17-page order on a delay condonation application. “We wonder why the NCLAT which has a high pendency should devote so much of time and energy in writing an order running into 17 …

Limitation Period For Filing Appeal U/S 61 Of IBC Commences From Date Of Order, Not From Date Of Its Receipt: NCLAT
1 month ago

Limitation Period For Filing Appeal U/S 61 Of IBC Commences From Date Of Order, Not From Date Of Its Receipt: NCLAT

Live Law  

The National Company Law Appellate Tribunal New Delhi bench of Justice Ashok Bhushan, Mr. Barun Mitra and Mr. Arun Baroka has held that the limitation period for filing an appeal under section 61 of the Insolvency and Bankruptcy Code, 2016 shall commence from the date of passing of the order and not from the date when a copy of the …

Delay Of 115 Days In Refiling Appeal Cannot Be Condoned On Frivolous Grounds: NCLAT
1 month, 3 weeks ago

Delay Of 115 Days In Refiling Appeal Cannot Be Condoned On Frivolous Grounds: NCLAT

Live Law  

The NCLAT New Delhi bench of Justice Ashok Bhushan, Mr. Barun Mitra and Mr. Arun Baroka has held that allowing refiling delay condonation on frivolous grounds would be an anathema to the timeliness and integrity of the liquidation process. Brief Facts: The present application has been filed seeking condonation of delay of 115 days in refiling the appeal. CE/C/ Jalandhar …

Haryana REAT Dismisses TDI Infrastructure's Application For Condonation Of 193-Day Delay In Filing Appeal
2 months ago

Haryana REAT Dismisses TDI Infrastructure's Application For Condonation Of 193-Day Delay In Filing Appeal

Live Law  

The Haryana Real Estate Appellate Tribunal comprising of bench of Justice Rajan Gupta and Shri Rakesh Manocha has dismissed the TDI Infrastructure application for condonation of a 193-day delay in filing the appeal before the Tribunal. Aggrieved by the order, the builder filed an appeal before the Tribunal, accompanied by an application seeking condonation of a 193-day delay in filing …

Delay Beyond 15 Days In Filing Appeal Cannot Be Condoned As Per Proviso To Section 61(2) Of IBC: NCLAT
2 months, 1 week 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
2 months, 1 week 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 …

S.42 PLMA Excludes Applicability Of Section 5 Limitation Act, Delay In Filing Appeal Cannot Be Condoned Beyond 120 Days: Bombay High Court
2 months, 1 week ago

S.42 PLMA Excludes Applicability Of Section 5 Limitation Act, Delay In Filing Appeal Cannot Be Condoned Beyond 120 Days: Bombay High Court

Live Law  

The Bombay High Court has held that a delay in filing an appeal under Section 42 of the Prevention of Money Laundering Act, 2002 cannot be condoned by the High Court beyond 120 days as stipulated in the provision. A division bench of Justice B. P. Colabawalla and Justice Somasekhar Sundaresan stated that Section 42 PMLA excludes the applicability of …

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

‘Why should Govt of India not adhere to timelines’: Supreme Court slams Centre over delay in appeal filings
2 months, 4 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 …

Delay In Filing Certified Copy Of Impugned Order Doesn't Render Appeal Filed Electronically U/S 107 CGST Act Time-Barred: Delhi HC
2 months, 4 weeks ago

Delay In Filing Certified Copy Of Impugned Order Doesn't Render Appeal Filed Electronically U/S 107 CGST Act Time-Barred: Delhi HC

Live Law  

The Delhi High Court has held that delay in filing certified copy of impugned order in an appeal preferred by Assessee under Section 107 of the Central Goods and Services Tax Act, 2017 would not render the appeal time-barred, if it was filed online within prescribed time. Thereafter, under Rule 108 of CGST Rules, certified copy of the decision could …

National Investigation Agency Act | High Court Can't Condone Delay In Filing Appeal Beyond 90 Days, S.21(5) Mandatory: Punjab & Haryana HC
3 months ago

National Investigation Agency Act | High Court Can't Condone Delay In Filing Appeal Beyond 90 Days, S.21(5) Mandatory: Punjab & Haryana HC

Live Law  

The Punjab & Haryana High Court has said that the High Court is not empowered to condone delay in filing appeal under National Investigation Agency Act beyond 90 days and provision of Section 21 is "mandatory" in nature. Courts creating distinction between appellant under Section 21 of the NIA Act for condoning the delay in preferring an appeal, would absolutely …

National Investigation Agency Act | High Court Can't Condone Delay In Filing Appeal Beyond 90 Days, S.21(5) Mandatory: Punjab & Haryana HC
3 months ago

National Investigation Agency Act | High Court Can't Condone Delay In Filing Appeal Beyond 90 Days, S.21(5) Mandatory: Punjab & Haryana HC

Live Law  

The Punjab & Haryana High Court has said that the High Court is not empowered to condone delay in filing appeal under National Investigation Agency Act beyond 90 days and provision of Section 21 is "mandatory" in nature. Courts creating distinction between appellant under Section 21 of the NIA Act for condoning the delay in preferring an appeal, would absolutely …

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, 1 week 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 …

Litigant Seeking To Condone Delay Must Explain Why Appeal Was Not Filed From First Day Within Limitation Period : Supreme Court
3 months, 3 weeks ago

Litigant Seeking To Condone Delay Must Explain Why Appeal Was Not Filed From First Day Within Limitation Period : Supreme Court

Live Law  

The Supreme Court has held that when a litigant applies to condone the delay in the filing of an appeal, then they should also explain why the appeal was not filed within the limitation period itself. While the Court acknowledged that a litigant has the right to wait till the last day of the limitation to file an appeal, when …

Penalize Govt Officers Who Cause Delay In Filing Of Appeals : Supreme Court Directs All States
3 months, 3 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. …

Condonation Of Delay Is Case Specific, No Inflexible Rule Can Be Laid Down To Condone Delay U/S 61 Of IBC: NCLAT
4 months, 3 weeks ago

Condonation Of Delay Is Case Specific, No Inflexible Rule Can Be Laid Down To Condone Delay U/S 61 Of IBC: NCLAT

Live Law  

The NLCAT New Delhi bench of Justice Ashok Bhushan, Barun Mitra and Arun Baroka affirmed that the condonation of delay in filing of the Appeal is on facts of each case, no inflexible rule can be laid down while exercising jurisdiction to condone the delay. The Applicant states that he was unable to file the present Appeal against the order …

Appeals Filed Without Delay Condonation Applications Cannot Be Rectified Later: Jharkhand High Court
7 months, 3 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 …

[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, 3 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 …

Allahabad High Court Directs Inquiry Against Officers Who Failed To File Arbitration Appeals Within Prescribed Limitation
11 months, 4 weeks ago

Allahabad High Court Directs Inquiry Against Officers Who Failed To File Arbitration Appeals Within Prescribed Limitation

Live Law  

The Allahabad High Court has directed Principal Secretary/Additional Chief Secretary, Irrigation, Uttar Pradesh to conduct an inquiry against officers who were responsible for filing appeals under Section 37 of the Arbitration and Conciliation Act, 1996 which were filed after a delay of 513 days. While dismissing the appeals filed under Section 37 of the Arbitration and Conciliation Act, 1996, the …

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 …

Sluggishness Intolerable: Calcutta High Court Slams CBI's Conduct For Failing To File Appeal Within Limitation Period
1 year, 1 month ago

Sluggishness Intolerable: Calcutta High Court Slams CBI's Conduct For Failing To File Appeal Within Limitation Period

Live Law  

The Calcutta High Court has heavily criticized the conduct of the Central Bureau of Investigation and its Director for failing to file an appeal within the statutory period of limitation.A single bench of Justice Bibhas Ranjan De, in a plea for condonation of delay in filing the special leave to appeal, allowed delayed filing in the interest of justice and …

Supreme Court Refuses To Entertain CBI's Challenge To HC Stay Of Probe Against DK Shivakumar, Asks HC To Decide In 2 Weeks
1 year, 4 months ago

Supreme Court Refuses To Entertain CBI's Challenge To HC Stay Of Probe Against DK Shivakumar, Asks HC To Decide In 2 Weeks

Live Law  

The Supreme Court Friday refused to entertain the plea by the Central Bureau of Investigation challenging Karnataka High Court's decision to stay an investigation against Deputy Chief Minister DK Shivakumar in a disproportionate assets case. However, the Court requested the High Court to consider the application filed by the CBI for vacating the stay granted and the appeal pending before …

No Concession For Dilatory Tactics: Kerala High Court Refuses To Condone 10 Yrs Delay In Filing Appeal
1 year, 5 months ago

No Concession For Dilatory Tactics: Kerala High Court Refuses To Condone 10 Yrs Delay In Filing Appeal

Live Law  

The Kerala High Court recently refused to condone a delay of 3,366 days in filing an appeal against the judgment and decree passed by a Munsiff Court in a civil suit. The appellant herein had filed an application before the Sub Court, Sulthanbathery, seeking condonation of delay of 3,366 days in filing an appeal against the decree and judgment in …

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, 6 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 …

Leaving India And Unable To Receive Notice Is Not The Commission’s Responsibility, Kerala State Commission Refuses To Condone 2,279-Day Delay In Filing Appeal
1 year, 7 months ago

Leaving India And Unable To Receive Notice Is Not The Commission’s Responsibility, Kerala State Commission Refuses To Condone 2,279-Day Delay In Filing Appeal

Live Law  

Recently, the State Consumer Disputes Redressal Commission in Thiruvananthapuram bench, comprising of Ajith Kumar, Beena Kumary, and Radhakrishnan K.R., refused to condone a delay of 2,279 days in filing of an appeal and held that condonation of delay could not be claimed as a matter of right. 50,000 as compensation for the deficient service to the Mr Jayagopal K.. Aggrieved …

Failure To Properly Explain The Delay In Filing: NCDRC Dismisses The Revision Petition
1 year, 9 months ago

Failure To Properly Explain The Delay In Filing: NCDRC Dismisses The Revision Petition

Live Law  

The New Delhi bench of the National Consumer Disputes Redressal Commission, comprising Justice Deepa Sharma as the Presiding Member, emphasized that condonation of delay is not an inherent right but necessitates the person seeking it to present a valid explanation for each day of delay and establish a reasonable ground for not approaching the court within the prescribed limitation period. …

Delay In Filing Of Appeal Under Section 42 Of IBC Is Condonable Under Section 5 Of Limitation Act: NCLAT Delhi
1 year, 10 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 …

Application For Condonation Of Delay Not Required When Victim Appeals Against Acquittal, Affidavit Explaining Delay Sufficient: Kerala High Court
2 years ago

Application For Condonation Of Delay Not Required When Victim Appeals Against Acquittal, Affidavit Explaining Delay Sufficient: Kerala High Court

Live Law  

The Kerala High Court on Tuesday held that when a victim belatedly files an appeal against a judgement of acquittal, it is not essential to file an application for condonation of delay and that an affidavit explaining the delay would suffice. If the Appellate Court is satisfied with the explanations offered, the court is entitled to proceed to consider admission …

Length Of Delay Immaterial, Reason Stated For Condonation Matter: NCLT Hyderabad Reiterates
2 years ago

Length Of Delay Immaterial, Reason Stated For Condonation Matter: NCLT Hyderabad Reiterates

Live Law  

The National Company Law Tribunal, Hyderabad Bench, comprising Dr. Venkata Ramakrishna Badarinath Nandula and Shri Charan Singh, while adjudicating an application under Section 60 of Insolvency and Bankruptcy Code, 2016 by the Deputy Director, Employees State Insurance Corporation in Asset Reconstruction Company Limited vs Viceroy Hotels Limited has held that the length of delay is immaterial, but the reasons stated …

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 …

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 …

"No Change In Haryana Govt's Attitude": High Court Sets Aside Order Condoning 3 Yrs Delay In Filing Appeal On Ground That Case Files Were Lost
2 years, 3 months ago

"No Change In Haryana Govt's Attitude": High Court Sets Aside Order Condoning 3 Yrs Delay In Filing Appeal On Ground That Case Files Were Lost

Live Law  

The Punjab and Haryana High Court on Wednesday slammed the Haryana government for paying no heed to the Limitation Act and causing inordinate delays in preferring appeals.A single bench of Justice Deepak Gupta, while refusing to excuse the government on the ground that the case file was lost during interdepartmental consultation, remarked,"In large number of cases, the Government seeks. The …

NCLAT Chennai Condones Delay Of 147 Days In Filing Appeal,The Time Spent On Bonafide Litigation
2 years, 4 months ago

NCLAT Chennai Condones Delay Of 147 Days In Filing Appeal,The Time Spent On Bonafide Litigation

Live Law  

The National Company Law Appellate Tribunal, Chennai Bench, comprising of Justice M. Venugopal and Shri Naresh Salecha, while adjudicating an appeal filed in M.K. Alongwith the appeal, the Appellants filed an Interim Application before the NCLAT seeking exclusion of the period from 25.01.2022 till 22.06.2022 in computing the period of Limitation of the Appeal. Further, if the period of 147 …

Order XLI Rule 3-A CPC | Failure To File Appeal With Application For Condonation Of Delay Curable Defect, Can Be Filed Subsequently: J&K&L High Court
2 years, 6 months ago

Order XLI Rule 3-A CPC | Failure To File Appeal With Application For Condonation Of Delay Curable Defect, Can Be Filed Subsequently: J&K&L High Court

Live Law  

The Jammu and Kashmir and Ladakh High Court while answering a question as to what are the consequences if an appeal is not accompanied by an application as mentioned in Subrule of Rule 3A in Order 41 of CPC observed, "The Deficiency of not accompanying application for condonation of delay is curable defect and if required such an application can …

Babri Demolition Case: Allahabad HC Grants 2 Weeks' Time To CBI, State Govt To File Objection On Appeal Against Acquittal Order
2 years, 7 months ago

Babri Demolition Case: Allahabad HC Grants 2 Weeks' Time To CBI, State Govt To File Objection On Appeal Against Acquittal Order

Live Law  

Now, on Monday, the Bench of Justice Ramesh Sinha and Justice Saroj Yadav granted two weeks' time to the CBI and CBI to file their objections to the Plea and listed the matter for further hearing on September 5. It may be noted that on July 18, when the revision plea came before the single judge, the Senior Counsel Syed …

ASG & Public Prosecutor To Be Empowered To Give Opinion On Filing Appeals: Calcutta HC Suggests Changes In CBI Circular To Curb 'Inordinate Delay'
2 years, 9 months ago

ASG & Public Prosecutor To Be Empowered To Give Opinion On Filing Appeals: Calcutta HC Suggests Changes In CBI Circular To Curb 'Inordinate Delay'

Live Law  

The Calcutta High Court vide order dated June 8, 2022, has suggested that the CBI issue a fresh circular empowering the Additional Solicitor General and the Public Prosecutor to give their opinion to the Director of Prosecution on filing appeals challenging court orders, to cut down on delay.Justice Bibek Chaudhuri had expressed displeasure at the agency for filing appeals after …

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 …

"Party Should Not Suffer Due to Inaction of the Advocate": Gujarat HC Condones Delay of 3330 Days In Filing Written Statement
2 years, 10 months ago

"Party Should Not Suffer Due to Inaction of the Advocate": Gujarat HC Condones Delay of 3330 Days In Filing Written Statement

Live Law  

"It is trite law that a party should not suffer due to the in action on the part of the advocate and that the matter should be decided on merits rather than on technical ground", the Gujarat High Court has affirmed while hearing a petition under Art 227 to open the right to file written statement which was closed on …

If Ground Of Delay In Filing S.138 NI Act Complaint Is Raised For First Time In Appeal, Case May Be Remanded Back For Consideration U/S 142(b): Karnataka HC
2 years, 11 months ago

If Ground Of Delay In Filing S.138 NI Act Complaint Is Raised For First Time In Appeal, Case May Be Remanded Back For Consideration U/S 142(b): Karnataka HC

Live Law  

The Karnataka High Court has said that if a party, opposing the proceedings instituted under Section 138 of the Negotiable Instruments Act, fails to raise the ground of delay in filing the complaint before the court of first instance, the Court in Appeal is empowered to remand the matter back for fresh consideration on the issue of condonation of 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 …

'No Explanation' : Supreme Court Sets Aside HC Order Condoning Delay Of 1011 Days In Filing Second Appeal
3 years, 3 months ago

'No Explanation' : Supreme Court Sets Aside HC Order Condoning Delay Of 1011 Days In Filing Second Appeal

Live Law  

While observing that the High Court has not exercised its discretion judiciously, the Supreme Court of India has set aside a High Court's order condoning a huge delay of 1011 days in preferring a second appeal in a case where no sufficient or satisfactory explanation has been given.A Bench comprising Justice MR Shah and Justice BV Nagarathna issued the direction …

Long Pending Criminal Appeal At Allahabad HC: Supreme Court Asks UP Govt To File Affidavit Through A 'Responsible Officer' On The Timeline Of Proceedings
3 years, 6 months ago

Long Pending Criminal Appeal At Allahabad HC: Supreme Court Asks UP Govt To File Affidavit Through A 'Responsible Officer' On The Timeline Of Proceedings

Live Law  

The Supreme Court on Wednesday required the state of UP to file an affidavit before it in 2 days through a "responsible officer" in its Home department indicating how many times a 2016 criminal appeal was listed before the Allahabad High Court, how many times an adjournment was sought by the appellant, whether the matter reached for hearing or not, …

NCLAT Has No Jurisdiction To Condone Delay Exceeding 15 Days From Period Of 30 Days, Contemplated U/s 61(2) IBC: Supreme Court
3 years, 6 months ago

NCLAT Has No Jurisdiction To Condone Delay Exceeding 15 Days From Period Of 30 Days, Contemplated U/s 61(2) IBC: Supreme Court

Live Law  

The Supreme Court observed that the National Company Law Appellate Tribunal has no jurisdiction to condone the delay exceeding 15 days from the period of 30 days, as contemplated under Section 61 of the Insolvency and Bankruptcy Code.In this case, referring to sub-section of Section 61 of the IBC which provides for powers to the Appellate Tribunal to condone the …

Supreme Court Raps CBI For Delay In Filing Appeal; Asks New Director To Ensure Timely Filings
3 years, 8 months ago

Supreme Court Raps CBI For Delay In Filing Appeal; Asks New Director To Ensure Timely Filings

Live Law  

The Supreme Court on Friday directed that the CBI must take necessary steps to ensure that delays do not occur in the future in the filing of appeals and other steps in law, observing that the delays on the part of its officers in doing so within stipulated time gives rise to "grave misgivings" as regards the reasons of delay. …

Narada Case: Calcutta High Court Reserves Orders On Applications Filed By WB Govt, CM Mamata Banerjee & Law Minister For Accepting Their Affidavits
3 years, 9 months ago

Narada Case: Calcutta High Court Reserves Orders On Applications Filed By WB Govt, CM Mamata Banerjee & Law Minister For Accepting Their Affidavits

Live Law  

The Calcutta High Court on Tuesday reserved order on the applications filed by State of West Bengal, Chief Minister Mamata Banerjee, and the State Law Minister Moloy Ghatak seeking acceptance of their affidavits in the Narada Scam case. The development comes after the Supreme Court set aside Calcutta High Court's order which had refused to take on record their affidavits …

Narada Case : Supreme Court Asks WB Govt, CM Mamata Banerjee & Law Minister To File Applications Before Calcutta High Court To Accept Their Affidavits
3 years, 9 months ago

Narada Case : Supreme Court Asks WB Govt, CM Mamata Banerjee & Law Minister To File Applications Before Calcutta High Court To Accept Their Affidavits

Live Law  

The Supreme Court on Friday directed the State of West Bengal, West Bengal Chief Minister Mamata Banerjee, and the State Law Minister Moloy Ghatak - who are challenging the refusal of the Calcutta High Court to accept their affidavits filed in the Narada case - to file an application before the High Court stating the reasons for not filing such …

"We Are Dealing With The Premier Investigating Agency":SC Pulls Up CBI For 314 Days Delay In Filing SLP, Directs To Fix The Responsibility For Delay
3 years, 11 months ago

"We Are Dealing With The Premier Investigating Agency":SC Pulls Up CBI For 314 Days Delay In Filing SLP, Directs To Fix The Responsibility For Delay

Live Law  

The Supreme Court directed the Central Bureau of Investigation to fix the responsibility for delay in filing Special Leave Petition.The bench comprising Justices Sanjay Kishan Kaul and Hemant Gupta was considering an SLP filed by CBI against Delhi High Court judgment which had reversed the conviction recorded by the Trial Court.Before the bench, ASG RS Suri, submitted that dismissal on. …

"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 …

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