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 of 2575 days in filing the appeal. Thus, the law of limitation became substantive and to be followed scrupulously in all circumstances and on exceptional cases, the delay is to be condoned, if the reasons are genuine and acceptable." The court stated that if the delay is about three months or up to five or six months, the courts may take a lenient view, but in respect of longer delay.

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History of this topic

Time Is Precious, Courts Should Be Slow To Ignore Delay When Action Is Time-Barred: Madras High Court
1 week, 1 day ago

Time Is Precious, Courts Should Be Slow To Ignore Delay When Action Is Time-Barred: Madras High Court

Live Law  

The Madras High Court has stressed that courts should be slow to ignore delay once the limitation period for a particular suit expires and the action becomes time-barred. Justice Shamim Ahmed observed that the statute relating to limitation determines the life span of a legal remedy and as time passes, newer causes would come up necessitating newer persons to seek …

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 …

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

Live Law  

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 …

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 …

In Absence Of Defendant's Written Request, Trial Courts Cannot On Its Own Extend Time For Filing Written Statement After 30 Days: Madras High Court
6 months ago

In Absence Of Defendant's Written Request, Trial Courts Cannot On Its Own Extend Time For Filing Written Statement After 30 Days: Madras High Court

Live Law  

The Madras High Court has observed that the trial courts should not, on its own, extend the time for filing written statements after the expiry of 30 days. The court added that condoning delay on its own would be contrary to Order 8 Rule 1 of CPC “The trial courts shall not on their own extend the time for filing …

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 …

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 …

Limitation Act Applies To Commercial Disputes But Delay Can Be Condoned Only In Exceptional Cases: Kerala High Court
1 year, 5 months ago

Limitation Act Applies To Commercial Disputes But Delay Can Be Condoned Only In Exceptional Cases: Kerala High Court

Live Law  

The Kerala High Court on Tuesday condoned a delay of 25 days in filing an appeal under the Commercial Courts Act, 2015, on the ground that such delay had not resulted in any loss on the part of the opposite party. The Division Bench comprising Justice Anil K. Narendran and Justice Sophy Thomas though took note of the intent of …

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. …

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 …

Can the Writ Court Condone Delay Beyond Time Limit Under GST Act: Madras High Court Refers Issue To DB
2 years, 2 months ago

Can the Writ Court Condone Delay Beyond Time Limit Under GST Act: Madras High Court Refers Issue To DB

Live Law  

The Madras High Court has referred to the division bench the issue of the power of the high court under Article 226 to condone the delay beyond the maximum time limit stipulated under the GST Act.The single bench of Justice Abdul Quddhose has observed that there were two contradictory views expressed by two judges of the Madras High Court.The petitioners …

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 …

14 Days Inordinate & Unexplained Delay In Considering Detainee's Representation Sufficient To Quash Preventive Detention Order: Madras HC
2 years, 4 months ago

14 Days Inordinate & Unexplained Delay In Considering Detainee's Representation Sufficient To Quash Preventive Detention Order: Madras HC

Live Law  

The Madras High Court recently set aside a preventive detention order after observing that there was an inordinate and unexplained delay of 14 days in considering the representation made on behalf of the detenu.In the subject case, admittedly, there is an inordinate and unexplained delay of 14 days in considering the representation by the Hon'ble Minister for Home, Prohibition and. …

Delay In Consideration Of Representations By Statutory Authorities Amounts To Dereliction Of Duty: Madras High Court
2 years, 9 months ago

Delay In Consideration Of Representations By Statutory Authorities Amounts To Dereliction Of Duty: Madras High Court

Live Law  

The Madras High Court recently observed that whenever complaints are made to the Statutory Authorities, they are expected to act upon the same and not keep it pending indefinitely. The authorities are expected to consider the matter on merits and pass appropriate orders in reasonable time.Justice MS Ramesh of the Madurai Bench observed as follows:"It is needless to point out …

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 …

'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 …

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 …

Limitation Period Cannot Be Extended On Equitable Grounds: Supreme Court
3 years ago

Limitation Period Cannot Be Extended On Equitable Grounds: Supreme Court

Live Law  

The Supreme Court observed that an application for condonation of delay has to be dismissed if it is found that the delay is not properly explained and that the period of limitation cannot be extended on equitable ground.Otherwise, it would be giving a premium to a person who fails to explain the delay and who is guilty of delay and …

Commercial Suits - Time Limit Of 120 Days For Filing Written Statements Not Mandatory For Written Statements To Counter Claims: Madras High Court
3 years, 1 month ago

Commercial Suits - Time Limit Of 120 Days For Filing Written Statements Not Mandatory For Written Statements To Counter Claims: Madras High Court

Live Law  

this Court holds that the Proviso to Order VIII Rule 1 of Code of Civil Procedure, which fixes the maximum period for filing the written statement as 120 days and which was held. In a significant decision, the Madras High Court recently held that the mandatory time limit of 120 days to file a written statement in a commercial suit …

'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 …

Develop A Web Portal For Tracking Representations & Avoiding Delays: Madras High Court
3 years, 8 months ago

Develop A Web Portal For Tracking Representations & Avoiding Delays: Madras High Court

Live Law  

Taking strong objection against inordinate delay in considering the representation of the detenus, the Madras High Court directed the State of Tamil Nadu to establish a dedicated web portal and use technologies such as e-mail, fax or WhatsApp to track their movement and avoid delays.A division bench of Justices K.Kalyanasundamaram and B.Pugalendhi noted that despite passing of several orders. Taking …

Administrative Delays Unacceptable; Concerned Govt. Officials Must Be Prosecuted For Dereliction Of Duty: Madras High Court
4 years, 1 month ago

Administrative Delays Unacceptable; Concerned Govt. Officials Must Be Prosecuted For Dereliction Of Duty: Madras High Court

Live Law  

The Madras High Court recently pulled up the Central Government for filing a civil appeal with a delay of 264 days. The case pertains to a Civil Miscellaneous Appeal filed by the Southern Railway Department of the Indian Railways, with an application for condonation of delay of 264 days. The Bench said, "Administration of Southern Railway is bound to ensure …

Delay In Producing Accused Arrested Through PT Warrant Before Court Is Violative Of His Fundamental Right Under Article 21: Madras High Court
4 years, 2 months ago

Delay In Producing Accused Arrested Through PT Warrant Before Court Is Violative Of His Fundamental Right Under Article 21: Madras High Court

Live Law  

The Madras High Court has observed that the delay in producing the accused person before the Court after a formal arrest through a Prisoner on Transit warrant, would violate the liberty guaranteed to him under Article 21 of Constitution of India.In this case, the accused who was was formally arrested through a P.T. The Madras High Court has observed that …

Delay-'Courts Are Doctors Of Bleeding Rights': Madras High Court Cautions Bar & Litigants To Honor Court Appointments
4 years, 3 months ago

Delay-'Courts Are Doctors Of Bleeding Rights': Madras High Court Cautions Bar & Litigants To Honor Court Appointments

Live Law  

The Madras High Court recently cautioned the members of the Bar and other litigants to responsibly follow the dates set by the Courts for hearing in any case. A single bench of Justice N. Seshasayee observed that every time the Bar or the litigants are given a posting for their hearings, the Court is giving them appointments. The Court stated, …

Supreme Court Of India Cannot Be A Place For The Governments To Walk In When They Choose Ignoring The Period Of Limitation: SC [Read Order]
4 years, 5 months ago

Supreme Court Of India Cannot Be A Place For The Governments To Walk In When They Choose Ignoring The Period Of Limitation: SC [Read Order]

Live Law  

Supreme Court of India cannot be a place for the Governments to walk in when they choose ignoring the period of limitation prescribed, the Apex Court bench headed by Justice Sanjay Kishan Kaul remarked.The court observed thus while dismissing a Special Leave Petition filed by the State of Madhya Pradesh with a delay of 663 days. Supreme Court of India …

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 …

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 …

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]

Live Law  

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]

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. …

Litigant will not pay for court’s delay, rules SC
17 years, 7 months ago

Litigant will not pay for court’s delay, rules SC

Hindustan Times  

In an important ruling that is likely to benefit thousands of litigants, the Supreme Court has held if a complainant approaches the court to prosecute someone well within the time prescribed in the law, he cannot be penalised for the delay on the part of the court. HT Image While setting-aside the order of Orissa High Court, the SC bench …

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