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 blaming the Counsel for the delay. 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 blaming the Counsel for the delay in filing an Appeal. “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. The Court was hearing an application filed under Section 5 of the Limitation Act, 1963, read with Section 151 of the Code of Civil Procedure, seeking condonation of delay of 400 days in filing an appeal against an August, 2015 judgment passed by the Additional District Judge.

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History of this topic

Many Litigants Socio-Economically Backward, Shouldn't Suffer Due To Advocate's Fault : Supreme Court On Approach In Delay Condonation
1 month, 2 weeks 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 …

Procedural Impediments In Govt Machinery Not 'Sufficient Cause' For Condoning Delay In Filing Appeal U/S 37 Of Arbitration Act: Patna High Court
1 month, 3 weeks 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 …

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 …

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

Litigant Shifting Responsibility For Inordinate Delay To Counsel's Negligence Is 'Unwholesome': Delhi High Court
2 months, 3 weeks ago

Litigant Shifting Responsibility For Inordinate Delay To Counsel's Negligence Is 'Unwholesome': Delhi High Court

Live Law  

While hearing a writ petition moved after a delay of six years, the Delhi High Court deprecated the practice of litigants seeking condonation of delay merely on the ground that their counsel was negligent or indolent. A division bench of Justice C. Hari Shankar and Justice Anoop Kumar Mendiratta remarked, “We also disapprove the unwholesome practice of seeking to explain …

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 …

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

Condonation Of Delay Is Case Specific, No Inflexible Rule Can Be Laid Down To Condone Delay U/S 61 Of IBC: NCLAT
4 months, 2 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 …

[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 …

“Sufficient Cause” For Condoning Delay Requires Party To Have Acted Diligently And Without Negligence: NCDRC
9 months, 3 weeks ago

“Sufficient Cause” For Condoning Delay Requires Party To Have Acted Diligently And Without Negligence: NCDRC

Live Law  

The National Consumer Disputes Redressal Commission, presided by AVM J. Rajendra held that delay should not be excused without sufficient cause, and the fact that other parties have been granted relief does not justify excusing delay in similar cases. Brief Facts of the Case The complainant filed an appeal against a District Forum's order in the State Commission of Punjab …

Delhi Advocate Suspended For 7 Years for Forging Court Decrees And Misleading Clients
1 year, 2 months ago

Delhi Advocate Suspended For 7 Years for Forging Court Decrees And Misleading Clients

Live Law  

The Bar Council of Delhi's Disciplinary Committee has taken strict action against an advocate, suspending his license to practice for a period of seven years. The order comes after an exhaustive investigation into serious allegations of professional misconduct, including the forging of court decrees, misleading clients, and contributing to an ex-parte decree of eviction against a complainant's husband. Despite being …

No Concession For Dilatory Tactics: Kerala High Court Refuses To Condone 10 Yrs Delay In Filing Appeal
1 year, 4 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 …

"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 …

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. …

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 …

Lawyer's Default Sufficient Cause To Condone Delay In The Absence Of Willful Negligence On Litigant's Part: Kerala High Court
2 years, 7 months ago

Lawyer's Default Sufficient Cause To Condone Delay In The Absence Of Willful Negligence On Litigant's Part: Kerala High Court

Live Law  

The Kerala High Court recently observed that default on the part of the lawyer is a sufficient cause to condone the delay as long as there are no willful latches and negligence on the part of the petitioner.Justice C.S. The Kerala High Court recently observed that default on the part of the lawyer is a sufficient cause to condone the …

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 …

Litigant Ought Not To Suffer Merely Because Of Wrong Listing Date Entered In Advocate's Court Diary: Delhi High Court
3 years, 2 months ago

Litigant Ought Not To Suffer Merely Because Of Wrong Listing Date Entered In Advocate's Court Diary: Delhi High Court

Live Law  

The Delhi High Court has observed that a litigant ought not to suffer merely because a wrong entry or a wrong date is entered in it's Advocate's court diary, thereby precluding his appearance before the Court on the fixed date. An application was thereafter filed by the Workman seeking setting aside of the impugned Award which was also dismissed in …

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 …

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 …

FIR Delay May Be Condoned If Complainant Appears To Be Reliable And Without Motive : SC [Read Judgment]
5 years, 11 months ago

FIR Delay May Be Condoned If Complainant Appears To Be Reliable And Without Motive : SC [Read Judgment]

Live Law  

The Supreme Court has reiterated that the delay in lodging FIR can be condoned if the complainant appears to be reliable and without any motive for implicating the accused falsely. The bench comprising Justice NV Ramana, Justice Mohan M. Shanthanagoudar and Justice Indira Banerjee observed that the court is duty bound to determine whether the explanation afforded is plausible enough …

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 …

Courts Are Public Institutions And Not Fiefdom Of The Rich: Delhi HC Slams NDTV For Playing Game Of ‘Tarikh Pe Tarikh’ For 7 Years [Read Order]
6 years, 9 months ago

Courts Are Public Institutions And Not Fiefdom Of The Rich: Delhi HC Slams NDTV For Playing Game Of ‘Tarikh Pe Tarikh’ For 7 Years [Read Order]

Live Law  

The Delhi High Court, while dismissing a suit filed by NDTV for non-prosecution against MJ Akbar and other journalists of The Sunday Guardian, has observed that the procedure and time of the court is not for sale and is not to be regulated by the litigants but is to be regulated by the court.The suit was filed as early as …

Courts Are Public Institutions And Not Fiefdom Of The Rich: Delhi HC Slams NDTV For Playing Game Of ‘Tarikh Pe Tarikh’ For 7 Years [Read Order]
6 years, 9 months ago

Courts Are Public Institutions And Not Fiefdom Of The Rich: Delhi HC Slams NDTV For Playing Game Of ‘Tarikh Pe Tarikh’ For 7 Years [Read Order]

Live Law  

The Delhi High Court, while dismissing a suit filed by NDTV for non-prosecution against MJ Akbar and other journalists of The Sunday Guardian, has observed that the procedure and time of the court is not for sale and is not to be regulated by the litigants but is to be regulated by the court.The suit was filed as early as …

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 …

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. …

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 …

Litigants Must Stay Updated With Case Status, Can’t Blame Lawyers: Madras HC [Read Order]
8 years, 4 months ago

Litigants Must Stay Updated With Case Status, Can’t Blame Lawyers: Madras HC [Read Order]

Live Law  

The Madras High Court has pulled up litigants for negligence in follow-up of their case and said they cannot blame their lawyers for not keeping them abreast with case developments as they themselves need to adopt a more vigilant attitude.Justice MV Muralidaran took to the above stance while dismissing a civil revision petition by litigants that challenged a sub-court order …

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 …

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