Many Litigants Socio-Economically Backward, Shouldn't Suffer Due To Advocate's Fault : Supreme Court On Approach In Delay Condonation
1 month, 1 week ago

Many Litigants Socio-Economically Backward, Shouldn't Suffer Due To Advocate's Fault : Supreme Court On Approach In Delay Condonation

Live Law  

The Supreme Court recently observed that though courts have to be cautious while condoning delays of long duration, in cases where the delay can be attributed to the advocate, balancing of scales of justice becomes imperative. However, it must be noted that balancing of scales of justice becomes imperative when it comes to such matters, especially given the socio-economic background of a large number of India's population who approach these doors of justice as litigants.” The Bench of Justices Vikram Nath and Sandeep Mehta made these observations while condoning the delay of 225 days in filing a second appeal before the High Court. Building on this, the Court observed: “Even though the above-quoted case law is from the year 1981, we cannot deny the fact that the ground reality of a considerable proportion of litigants being completely dependent on their counsel remains the same, especially in regions with lower economic and educational prowess.” In view of this, the Court observed that once the appellant became aware of the dismissal, she exhibited haste and filed the second appeal. Thus, finding the reason for the delay as sufficiently explained, the Court allowed the appeal and condoned the delay.

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History of this topic

'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

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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 …

Delay Can't Be Condoned Based On Merits Of Main Matter If There's No Sufficient Explanation For Delay : Supreme Court
2 months, 1 week ago

Delay Can't Be Condoned Based On Merits Of Main Matter If There's No Sufficient Explanation For Delay : Supreme Court

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The Supreme Court, recently on, observed that while considering an application to condone delay, the court must not start with the merits of the main matter. The Court particularly stressed that concepts such as “liberal approach,” “justice-oriented approach,” and “substantial justice” should not be employed to frustrate the substantive law of limitation. Time and again, the Supreme Court has reminded …

Right To Appeal Against Conviction Is Also A Fundamental Right; Can't Be Dismissed On Delay Without Examining Reasons For Delay : Supreme Court
2 months, 1 week ago

Right To Appeal Against Conviction Is Also A Fundamental Right; Can't Be Dismissed On Delay Without Examining Reasons For Delay : Supreme Court

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The Supreme Court observed that the right to appeal against a conviction is a statutory right granted to the accused under Section 374 of the Cr.P.C., and a properly explained delay in filing the appeal cannot be a valid ground for its dismissal. "Right of Appeal from a judgment of conviction affecting the liberty of a person keeping in view …

Courts Must Balance Citizen's Rights & Adherence To Timelines, Delay Must Not Be Exploited: J&K High Court
3 months, 1 week ago

Courts Must Balance Citizen's Rights & Adherence To Timelines, Delay Must Not Be Exploited: J&K High Court

Live Law  

The Jammu and Kashmir and Ladakh High Court has underscored the necessity of distinguishing between genuine explanations for delays and inordinate, unexplained delays in judicial matters. The Court held that while it has a duty to protect citizens' rights, it must remain vigilant against allowing parties to misuse the system by approaching courts at their convenience without sufficient cause. They …

Litigant Seeking To Condone Delay Must Explain Why Appeal Was Not Filed From First Day Within Limitation Period : Supreme Court
3 months, 2 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 …

Litigant Has To Be Vigilant, Can't Throw Entire Blame On Advocate For Delay & Negligence : Supreme Court
3 months, 3 weeks ago

Litigant Has To Be Vigilant, Can't Throw Entire Blame On Advocate For Delay & Negligence : Supreme Court

Live Law  

The Supreme Court has observed that litigants, who did not exercise due care and vigilance, cannot throw the entire blame on their advocates. The Court also flagged the rising tendency on the part of litigants to blame their lawyers of negligence and carelessness in attending court proceedings.The Court made this pertinent observation while refusing to condone the delay of 534 …

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 …

"Very Easy To Blame Lawyer": Orissa HC Refuses To Condone Delay In Case First Launched In 2006, Says Litigant Did Not Keep Touch With Advocate
1 year, 5 months ago

"Very Easy To Blame Lawyer": Orissa HC Refuses To Condone Delay In Case First Launched In 2006, Says Litigant Did Not Keep Touch With Advocate

Live Law  

The Orissa High Court has held that an advocate cannot be blamed for sheer negligence of a party resulting in considerable delay in compliance of Court’s order. While denying condonation of delay to the petitioner, the Division Bench of Chief Justice Subhasis Talapatra and Justice Sangam Kumar Sahoo observed, “It is very easy to change lawyer and to put blame …

'No Advocate Benefited By Unruly Behaviour In Court, May Ultimately Spoil Litigant's Case': Supreme Court In Case Of Lawyer Who Misbehaved Before HC
3 years, 2 months ago

'No Advocate Benefited By Unruly Behaviour In Court, May Ultimately Spoil Litigant's Case': Supreme Court In Case Of Lawyer Who Misbehaved Before HC

Live Law  

While hearing a plea filed by a lawyer against whom contempt proceedings were initiated by High Court for misbehaving in court room, the Supreme Court of India has observed that for smooth running of the administration of justice in the courts, a cordial relation between the Bar and the Bench is sine qua non and is a must. The Bench …

Applications To Condone Delay In Filing Version In Consumer Cases Pending On 04.03.2020 Not Impacted By CB Judgment : SC Clarifies
3 years, 3 months ago

Applications To Condone Delay In Filing Version In Consumer Cases Pending On 04.03.2020 Not Impacted By CB Judgment : SC Clarifies

Live Law  

Settling a conflict between two division bench judgments, a 3-judge bench of the Supreme Court on Tuesday clarified that the applications to condone the delay of more than 45 days in filing the version of the opposite party in consumer cases, which were pending as of March 4, 2020, will not be impacted by the ruling of the Constitution Bench …

Courts Should Be Conscious Of Bureaucratic Delays While Considering Delay Condonation Pleas By State: SC [Read Order]
5 years, 4 months ago

Courts Should Be Conscious Of Bureaucratic Delays While Considering Delay Condonation Pleas By State: SC [Read Order]

Live Law  

The Supreme Court has observed that while considering the delay condonation pleas filed by State, the Courts should be conscious of the bureaucratic delays and the slow pace in reaching a Government decision and the routine way of deciding whether the State should prefer an appeal against a judgment adverse to it. The court was considering an appeal filed by …

While Condoning Delay Due To Laches On Part Of Applicant, Court Must Compensate Opposite Party: Bombay HC [Read Judgment]
7 years, 4 months ago

While Condoning Delay Due To Laches On Part Of Applicant, Court Must Compensate Opposite Party: Bombay HC [Read Judgment]

Live Law  

The Bombay High Court has condoned delay in institution of revision against an order of eviction by the Small Causes Court, Mumbai.The court has also upheld the findings of the apex court in the case of N Balakrishnan vs M Krishnamurthy and directed the petitioner to pay costs of Rs. The Bombay High Court has condoned delay in institution of …

While Condoning Delay Due To Laches On Part Of Applicant, Court Must Compensate Opposite Party: Bombay HC [Read Judgment]
7 years, 4 months ago

While Condoning Delay Due To Laches On Part Of Applicant, Court Must Compensate Opposite Party: Bombay HC [Read Judgment]

Live Law  

The Bombay High Court has condoned delay in institution of revision against an order of eviction by the Small Causes Court, Mumbai.The court has also upheld the findings of the apex court in the case of N Balakrishnan vs M Krishnamurthy and directed the petitioner to pay costs of Rs. The Bombay High Court has condoned delay in institution of …

Litigant Needs To Be Vigilant, Can’t Put Entire Blame On Advocate To Get Delay Condoned: Delhi HC [Read Judgment]
7 years, 8 months ago

Litigant Needs To Be Vigilant, Can’t Put Entire Blame On Advocate To Get Delay Condoned: Delhi HC [Read Judgment]

Live Law  

"The litigant owes a duty to be vigilant of his rights and is also expected to be equally vigilant about the judicial proceedings pending in the court of law against him or initiated at his instance"Delhi High Court recently rapped an Appellant-company for their lack of vigilance in conducting a suit for recovery of money, and their subsequent conduct in …

Litigant Needs To Be Vigilant, Can’t Put Entire Blame On Advocate To Get Delay Condoned: Delhi HC [Read Judgment]
7 years, 8 months ago

Litigant Needs To Be Vigilant, Can’t Put Entire Blame On Advocate To Get Delay Condoned: Delhi HC [Read Judgment]

Live Law  

"The litigant owes a duty to be vigilant of his rights and is also expected to be equally vigilant about the judicial proceedings pending in the court of law against him or initiated at his instance"Delhi High Court recently rapped an Appellant-company for their lack of vigilance in conducting a suit for recovery of money, and their subsequent conduct in …

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