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

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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 Supreme Court held that since the appeal before the Additional Collector was beyond time and no application for condonation of delay had been filed under Section 5 of the Limitation Act, "there was no jurisdiction in the Additional Collector to allow that Appeal" and the appeal was liable to be dismissed on the ground of limitation. Therefore, can it be said that on the issue of filing a delay condonation application, Sesh Nath is per incuriam since the Court has not referred to previous decisions of the Supreme Court? On the other hand, in Bhagmal, the Supreme Court in the facts of the case held that the application to set aside the ex parte decree under Order 9 Rule 13 "had all the ingredients of the application for condonation of delay" and since the delay was completely interlinked with the merits of the matter, the High Court, whose order was challenged, was not justified in taking a hyper technical view that there was no application for condonation of delay filed.

Supreme Court Appeal Constitution Court Application Order Limitation Delay Nclt Supreme Cpc Act Filed Bench File 30 Days Nclat Nath Ibc Larger Bench Slp Benches Section 7 Condonation Section 5 Sesh Mandatory Section 13 No Application No Jurisdiction Section 5 Of This Column Section 7 Of The Section 5 Of The Limitation Act Emphasis Order 9 Rule 13 Ratio Decidendi Delay Condonation Sayeda Akhtar Previous Decisions Ragho Singh Its Previous Decisions Sesh Nath Sneh Gupta  act  filed  file  formal  sings  court  sesh  judgement  examination  application  limitation  condonation  delay  appeal  order  sc  supreme  nath  mandatory

History of this topic

Not Necessary To File Separate Application For Delay Condonation Along With Application To Set Aside Ex-Parte Decree : Supreme Court
3 months ago

Not Necessary To File Separate Application For Delay Condonation Along With Application To Set Aside Ex-Parte Decree : Supreme Court

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The Supreme Court ruled that a separate application seeking condonation of delay is not necessary to be filed along with an application seeking to set aside an ex-parte decree under Order IX Rule 13 of the Civil Procedure Code, if the application sufficiently explains the delay. The bench comprising Justice Vikram Nath and Justice Prasanna B. Varale was hearing an …

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

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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 …

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

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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

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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 …

Supreme Court Weekly Digest With Nominal And Subject/Statute Wise Index (Citation 956 - 978) [November 14 – 20, 2022]
2 years, 4 months ago

Supreme Court Weekly Digest With Nominal And Subject/Statute Wise Index (Citation 956 - 978) [November 14 – 20, 2022]

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Buildings Control Act, 1960 ; Section 10 - Bonafide requirement - The landlord was carrying on business and that he had children for whom he wanted to set-up a business - Rent Control Appellate Authority passed Eviction Order -Andhra Pradesh HC, while allowing Revision Petition observed that the eldest son of the Landlord was still pursuing studies and therefore the …

Since SC Extended Limitation, No Need To File Application For Condonation Of Delay; NCLAT Delhi
3 years, 2 months ago

Since SC Extended Limitation, No Need To File Application For Condonation Of Delay; NCLAT Delhi

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The Principal Bench of the NCLAT comprising of Justice Ashok Bhushan, Justice Jarat Kumar Jain and Dr. Alok Srivastava, in M/s. The Bench Considered Two Issues: Whether judgment and order of the Hon'ble Supreme Court passed in Suo Motu Writ Petition No. 3 of 2020 held that- "When the Hon'ble Supreme Court has granted extension of period of limitation, it …

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

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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 …

Court/Tribunal Can Condone Delay Under Section 5 Limitation Act Even In The Absence Of A Formal Application: Supreme Court
4 years ago

Court/Tribunal Can Condone Delay Under Section 5 Limitation Act Even In The Absence Of A Formal Application: Supreme Court

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The Supreme Court held that there is no bar to exercise by the Court/Tribunal of its discretion to condone delay under Section 5 of the Limitation Act, in the absence of a formal application.However, the Court can always insist that an application or an affidavit showing cause for the delay be filed, the bench comprising Justices Indira Banerjee and Hemant …

Condonation of Delay In Filing Petitions Under Special/Local Law – Issue Should Be Heard By A Larger Bench
5 years, 5 months ago

Condonation of Delay In Filing Petitions Under Special/Local Law – Issue Should Be Heard By A Larger Bench

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IntroductionTime limitation of filing a suit/appeal/application stands prescribed under provisions of the Limitation Act, 1963. The Supreme Court held that the Appellate Authority acts as a Court and not a persona designatum, it can condone the delay under Section 5 of Limitation Act as the two requirements for the applicability of Section 29 are satisfied, namely, different periods of limitation …

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

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

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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 …

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]

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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 …

DRT Has No Power To Condone Delay In Filing Appeal: SC [Read Judgment]
7 years, 5 months ago

DRT Has No Power To Condone Delay In Filing Appeal: SC [Read Judgment]

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The Supreme Court, in International Asset Reconstruction Company Of India Ltd vs The Official Liquidator Of Aldrich Pharmaceuticals Ltd And Others, has held that the prescribed period of 30 days under Section 30 of the Recovery of Debts and Bankruptcy Act, 1993, for preferring an appeal against the order of the recovery officer cannot be condoned by application of Section …

DRT Has No Power To Condone Delay In Filing Appeal: SC [Read Judgment]
7 years, 5 months ago

DRT Has No Power To Condone Delay In Filing Appeal: SC [Read Judgment]

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The Supreme Court, in International Asset Reconstruction Company Of India Ltd vs The Official Liquidator Of Aldrich Pharmaceuticals Ltd And Others, has held that the prescribed period of 30 days under Section 30 of the Recovery of Debts and Bankruptcy Act, 1993, for preferring an appeal against the order of the recovery officer cannot be condoned by application of Section …

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]

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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]

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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 …

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]

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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 …

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]

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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 …

Appellate authorities under Special Statutes cannot be asked to condone the delay, beyond extended period of limitation: Madras HC [Read Judgment]
8 years, 9 months ago

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

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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. …

Though Right to Speedy trial is a Fundamental Right, mere delay by itself not ground to quash Criminal Proceedings: SC
9 years, 8 months ago

Though Right to Speedy trial is a Fundamental Right, mere delay by itself not ground to quash Criminal Proceedings: SC

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A Supreme Court bench comprising of Justice J. Chelameswar and Justice A.K. held that though right to speedy trial is a Fundamental Right, mere delay is by itself not ground to quash criminal proceedings.The Court was hearing a petition challenging a judgment of. held that though right to speedy trial is a Fundamental Right, mere delay is by itself not …

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