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 revision against an order of eviction by the Small Causes Court, Mumbai. Justice MS Sonak was hearing a writ petition filed by Dr. Ashok Mehta who challenged an order of the appeal bench of the Small Causes Court dated December 1, 2016, wherein condonation of delay in institution of revision against the judgment and decree dated January 4, 2016, was refused. It would be a salutary guideline that when courts condone the delay due to laches on the part of the applicant, the court shall compensate the opposite party for his loss, the apex court said.

Court Revision Delay Bombay Petitioner Opposite Party N Balakrishnan Mukesh Sangani M Krishnamurthy  compensate  court  institution  small  hc  revision  petitioner  laches  eviction  high  condoning  opposite  party  delay  judgment  prejudice  read

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 …

Not Being Aware Of Legal Remedy Not Ground To Condone Delay: Punjab & Haryana High Court
3 months, 2 weeks ago

Not Being Aware Of Legal Remedy Not Ground To Condone Delay: Punjab & Haryana High Court

Live Law  

"It is the duty of all Courts of justice, to take care for the general good of the community, that hard cases do not make bad law,” quoted the Punjab & Haryana High Court while refusing to allow plea for condonation of delay filed asserting lack of proper legal advice.Justice Sumeet Goel said, "A mere bald assertion of not having …

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 …

“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 …

Fast Track Courts & Alternate Dispute Resolution Not Sufficient To Reduce Burden, Courts Should Curb Abuse Of Legal Procedures: Karnataka HC
1 year ago

Fast Track Courts & Alternate Dispute Resolution Not Sufficient To Reduce Burden, Courts Should Curb Abuse Of Legal Procedures: Karnataka HC

Live Law  

The Karnataka High Court has observed that Courts should be very conscious and unless it is satisfied that the material evidence placed before it warrants exercise of power under Section 216, the powers under Section 216 of Cr.P.C. Unless the Courts dispense with such procedures which are totally unnecessary and causes no prejudice to the parties if they are dispensed …

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 …

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. …

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 …

KAAPA | Delay In Initiating Proceedings Doesn't Invalidate Restraint Order If Nexus To Anti-Social Activity Not Severed: Kerala High Court
1 year, 8 months ago

KAAPA | Delay In Initiating Proceedings Doesn't Invalidate Restraint Order If Nexus To Anti-Social Activity Not Severed: Kerala High Court

Live Law  

The Kerala High Court recently held that a delay in initiating proceedings under Section 15 of the Kerala Anti-Social Activities Act, 2007 does not always severe the live link between prejudicial activity and the initiation of legal action.Section 15 of the Act deals with the power to make orders restricting the movements of certain persons.Placing reliance on Stalin CV. The …

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 …

Creation Of Special Authority No Reason To Condone Delay, Party Must Offer Explanation: Jammu & Kashmir High Court
2 years ago

Creation Of Special Authority No Reason To Condone Delay, Party Must Offer Explanation: Jammu & Kashmir High Court

Live Law  

The Jammu and Kashmir and Ladakh High Court recently set aside an order of the Assistant Labour Commissioner condoning at least 15 years delay by certain persons in seeking compensation under Employees Compensation Act on behalf of their relatives, on the solitary premise that it is a creation of special legislation. Justice Rajesh Sekhri observed, The bench was hearing a …

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 …

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 …

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

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

Live Law  

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

'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 …

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 …

Refusal To Condone Delay For Appeal Under Section 34 Of Arbitration Act Appealable Under Section 37 : Supreme Court
4 years, 1 month ago

Refusal To Condone Delay For Appeal Under Section 34 Of Arbitration Act Appealable Under Section 37 : Supreme Court

Live Law  

In a significant verdict, the Supreme Court has held that an order refusing to condone the delay in filing an appeal under Section 34 of the Arbitration and Conciliation Act 1996 is appealable under Section 37 of the Act. ".the question of law is answered by stating that an appeal under section 37of the Arbitration Act, 1996 would be maintainable …

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 …

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 …

No Intra-Court Appeal Against Condonation Of Delay By Single Judge In Plea To Set Aside Arbitration Award: SC [Read Judgment]
7 years, 11 months ago

No Intra-Court Appeal Against Condonation Of Delay By Single Judge In Plea To Set Aside Arbitration Award: SC [Read Judgment]

Live Law  

The question as to whether the learned Single Judge had rightly exercised the discretion or otherwise could be assailed by the respondent before this court by way of special leave petition, the bench said.The Supreme Court, in Union of India vs M/S Simplex Infrastructures, has reiterated that intra-court Letters Patent Appeal under clause 15 of the Letters Patent of High …

Appellate authorities under Special Statutes cannot be asked to condone the delay, beyond extended period of limitation: Madras HC [Read Judgment]
8 years, 8 months ago

Appellate authorities under Special Statutes cannot be asked to condone the delay, beyond extended period of limitation: Madras HC [Read Judgment]

Live Law  

Madras High Court in R.Gowrishankar vs. The Commissioner of Service Tax has held that Appellate authorities cannot be asked to condone the delay, beyond the extended period of limitationA Division Bench comprising of Justices S. Manikumar and D. Krishnakumar, made this observation while considering an appeal filed against Single Bench order declining to set aside the order made in the. …

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