National Investigation Agency Act | High Court Can't Condone Delay In Filing Appeal Beyond 90 Days, S.21(5) Mandatory: Punjab & Haryana HC
1 week, 6 days ago

National Investigation Agency Act | High Court Can't Condone Delay In Filing Appeal Beyond 90 Days, S.21(5) Mandatory: Punjab & Haryana HC

Live Law  

The Punjab & Haryana High Court has said that the High Court is not empowered to condone delay in filing appeal under National Investigation Agency Act beyond 90 days and provision of Section 21 is "mandatory" in nature. Courts creating distinction between appellant under Section 21 of the NIA Act for condoning the delay in preferring an appeal, would absolutely fall beyond the realm of the rule of interpretation,” said the Madras High Court. Speaking for the bench Justice Sureshwar Thakur said, the necessity of assigning a mandatory overtone to the provision supra becomes also borrowed from the fact that the supra statutory provision in the instant Special Act, has thereins created a special provision governing the period of limitation, within which an appeal against the passing of a declining order, on the apposite bail application, thus is to be entertained. The bench concluded that since the aforesaid proviso is mandatory in nature, therebys, the High Court is not empowered to condone the delay beyond the permissible period of 90 days, as contemplated under Section 21 of the NIA Act, 2008.

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History of this topic

Delay In Filing Certified Copy Of Impugned Order Doesn't Render Appeal Filed Electronically U/S 107 CGST Act Time-Barred: Delhi HC
5 days, 17 hours ago

Delay In Filing Certified Copy Of Impugned Order Doesn't Render Appeal Filed Electronically U/S 107 CGST Act Time-Barred: Delhi HC

Live Law  

The Delhi High Court has held that delay in filing certified copy of impugned order in an appeal preferred by Assessee under Section 107 of the Central Goods and Services Tax Act, 2017 would not render the appeal time-barred, if it was filed online within prescribed time. Thereafter, under Rule 108 of CGST Rules, certified copy of the decision could …

National Investigation Agency Act | High Court Can't Condone Delay In Filing Appeal Beyond 90 Days, S.21(5) Mandatory: Punjab & Haryana HC
1 week, 6 days ago

National Investigation Agency Act | High Court Can't Condone Delay In Filing Appeal Beyond 90 Days, S.21(5) Mandatory: Punjab & Haryana HC

Live Law  

The Punjab & Haryana High Court has said that the High Court is not empowered to condone delay in filing appeal under National Investigation Agency Act beyond 90 days and provision of Section 21 is "mandatory" in nature. Courts creating distinction between appellant under Section 21 of the NIA Act for condoning the delay in preferring an appeal, would absolutely …

Order Rejecting Plea For Extension Of Investigation Period From Initial 90 To 180 Days Under UAPA Appealable, Not Interlocutory: Delhi HC
3 weeks ago

Order Rejecting Plea For Extension Of Investigation Period From Initial 90 To 180 Days Under UAPA Appealable, Not Interlocutory: Delhi HC

Live Law  

The Delhi High Court has recently held that an order rejecting the application for extension of period of investigation from initial 90 to 180 days under Section 43D of UAPA is an appealable order and not an interlocutory order. A division bench comprising of Justice Prathiba M Singh and Justice Amit Sharma said that the finality attached to such an …

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 weeks 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 …

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

Rajasthan Civil Services Rules | Apprehension Of Inquiry Taking Long Time Not Ground To Ward Off Disciplinary Inquiry U/S 19: High Court
1 month, 1 week ago

Rajasthan Civil Services Rules | Apprehension Of Inquiry Taking Long Time Not Ground To Ward Off Disciplinary Inquiry U/S 19: High Court

Live Law  

Rajasthan High Court has ruled that the possibility of disciplinary inquiry taking a long time could not be a reason to invoke Section 19 of the Rajasthan Civil Services Rules, 1958 and do away with the inquiry. Hence, in order to take a quick and effective action, the disciplinary authority dismissed the petitioner from services under Rule 19 to send …

Special Treatment Cannot Be Given To Govt For Delay In Filing Appeal U/S 37 Of Arbitration Act: Delhi High Court
1 month, 1 week ago

Special Treatment Cannot Be Given To Govt For Delay In Filing Appeal U/S 37 Of Arbitration Act: Delhi High Court

Live Law  

The Delhi High Court bench of Ms. Justice Rekha Palli and Mr. Justice Saurabh Banerjee has affirmed that just because the appellant is government that doesn't mean that a special treatment will be given while condoning the delay in filing the appeal under section 37 of the Arbitration Act. That In M/s Jaitely Construction Co. v. Union of India the …

NIA Act | High Courts Cannot Expand Scope Of Interpretation, Condone Delay Beyond Permissible Limit: Madras High Court
1 month, 4 weeks ago

NIA Act | High Courts Cannot Expand Scope Of Interpretation, Condone Delay Beyond Permissible Limit: Madras High Court

Live Law  

The Madras High Court recently held that the High Court was not empowered to condone the delay in filing an appeal under the National Investigating Agency Act 2008 beyond the permissible limit. The court added that the language employed in the provision under the NIA Act was unambiguous and thus the courts could not condone the delay beyond the permissible …

[Arbitration Act] General Explanation Of Intra-departmental Analysis And Discussions Doesn't Constitute Credible Explanation For Delay In Filing Appeal: Delhi High Court
7 months 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 …

Is 90-Day Limitation For Appeal Under Sec.21(5) NIA Act Directory Or Mandatory? Supreme Court To Settle Conflicting Views Of HCs
9 months ago

Is 90-Day Limitation For Appeal Under Sec.21(5) NIA Act Directory Or Mandatory? Supreme Court To Settle Conflicting Views Of HCs

Live Law  

The Supreme Court on Friday agreed to decide the issue whether the upper limit of 90 days prescribed under Section 21 National Investigation Agency Act to file appeal against an order of the trial court is directory or mandatory.The Court noted that there are conflicting opinions rendered by the High Courts on this point.The bench led by CJI DY Chandrachud …

Allahabad High Court Directs Inquiry Against Officers Who Failed To File Arbitration Appeals Within Prescribed Limitation
9 months, 1 week ago

Allahabad High Court Directs Inquiry Against Officers Who Failed To File Arbitration Appeals Within Prescribed Limitation

Live Law  

The Allahabad High Court has directed Principal Secretary/Additional Chief Secretary, Irrigation, Uttar Pradesh to conduct an inquiry against officers who were responsible for filing appeals under Section 37 of the Arbitration and Conciliation Act, 1996 which were filed after a delay of 513 days. While dismissing the appeals filed under Section 37 of the Arbitration and Conciliation Act, 1996, the …

Limitation Act | Doesn't Encompass Long Delays, Condonation Only In Exceptional Cases: Allahabad High Court Dismisses Section 37 A&C Petition
9 months, 2 weeks 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 …

Where Statutory Appeals Filed After Making Pre-Deposit, Stay Applications Must Be Decided In Reasonable Time: Allahabad High Court
10 months ago

Where Statutory Appeals Filed After Making Pre-Deposit, Stay Applications Must Be Decided In Reasonable Time: Allahabad High Court

Live Law  

The Allahabad High Court has held that were a statutory appeal has been filed and the condition for pre-deposit has been complied with, stay applications filed along with such appeals must be decided within a reasonable time. Petitioner approached the High Court against the order for putting up the stay application filed on 24.01.2024 in appeal pending for last four …

Sluggishness Intolerable: Calcutta High Court Slams CBI's Conduct For Failing To File Appeal Within Limitation Period
10 months, 4 weeks ago

Sluggishness Intolerable: Calcutta High Court Slams CBI's Conduct For Failing To File Appeal Within Limitation Period

Live Law  

The Calcutta High Court has heavily criticized the conduct of the Central Bureau of Investigation and its Director for failing to file an appeal within the statutory period of limitation.A single bench of Justice Bibhas Ranjan De, in a plea for condonation of delay in filing the special leave to appeal, allowed delayed filing in the interest of justice and …

Extension Of Limitation Period Under Section 168A Of GST Act; Punjab And Haryana High Court Issues Notice
11 months, 2 weeks ago

Extension Of Limitation Period Under Section 168A Of GST Act; Punjab And Haryana High Court Issues Notice

Live Law  

The Punjab and Haryana High Court has issued a notice to the government in a plea challenging the extension of the limitation period under Section 168A of the GST Act.The bench of Justice G.S. The Punjab and Haryana High Court has issued a notice to the government in a plea challenging the extension of the limitation period under Section 168A …

Statutory Appeal Period Under Customs Act, Appellate Authority Has No Power To Condone Delay: Delhi High Court
1 year, 2 months ago

Statutory Appeal Period Under Customs Act, Appellate Authority Has No Power To Condone Delay: Delhi High Court

Live Law  

The Delhi High Court has held that the appellate authority has no power to allow the appeal to be presented beyond the period of 30 days.The bench of Justice Yashwant Varma and Justice Dharmesh Sharma has relied on the decision of the Supreme Court in the case of Singh Enterprises vs. Commissioner of Central Excise, Jamshedpur & Ors., in which …

Period Of Limitation For Filing Appeal Against Family Court Order Is 30 Days, Delay Can Be Condoned If Sufficient Cause Shown: Delhi High Court
1 year, 3 months ago

Period Of Limitation For Filing Appeal Against Family Court Order Is 30 Days, Delay Can Be Condoned If Sufficient Cause Shown: Delhi High Court

Live Law  

The Delhi High Court has ruled that the period of limitation for filing an appeal against a judgment or order of the family court is 30 days.A division bench of Justice Sanjeev Sachdeva and Justice Vikas Mahajan added that the delay in filing of such an appeal can be condoned under Section 5 of the Limitation Act. The Delhi High …

Made It A 'Fairy Tale' : Punjab & Haryana High Court Pulls Up Judicial Officers For Taking Plea “Leisurely” With Long Adjournments
1 year, 4 months ago

Made It A 'Fairy Tale' : Punjab & Haryana High Court Pulls Up Judicial Officers For Taking Plea “Leisurely” With Long Adjournments

Live Law  

The Punjab & Haryana High Court criticised the Judicial Officers for delay in disposing of the plea for cancellation of suspension of sentence in a Negotiable Instrument Act case.Observing that the plea is pending since 2021 and adjourned on multiple occasions, the bench of Justice Mahabir Singh Sindhu said, “A perusal of the above extract clearly reveals that the officers …

1984 Anti-Sikh Riots: Delhi High Court Refuses To Condone Delay In Filing Of Appeal Against Acquittal Of Accused In 1995
1 year, 5 months ago

1984 Anti-Sikh Riots: Delhi High Court Refuses To Condone Delay In Filing Of Appeal Against Acquittal Of Accused In 1995

Live Law  

The Delhi High Court has dismissed an application seeking condonation of delay of about 28 years for filing an appeal against an acquittal order of 1995 in a case of anti-Sikh riots dating back to 1991. The division bench of Justice Suresh Kumar Kait and Justice Neena Bansal Krishna said that if the prosecution or the complainant were aggrieved by …

Gauhati High Court Refuses To Condone Delay For Appeal Against Setting Aside Of Justice Saikia Inquiry Commission Report On 'Secret Killings'
1 year, 6 months ago

Gauhati High Court Refuses To Condone Delay For Appeal Against Setting Aside Of Justice Saikia Inquiry Commission Report On 'Secret Killings'

Live Law  

The Gauhati High Court on Monday refused to entertain an application for condonation of delay of 531 days in filling of an appeal against a Single Bench ruling that declared the constitution of Justice K.N. The division bench of the Chief Justice Sandeep Mehta and Justice Mitali Thakuria observed that not only have the applicants failed to convincingly explain the …

Delay In Filing Of Appeal Under Section 42 Of IBC Is Condonable Under Section 5 Of Limitation Act: NCLAT Delhi
1 year, 7 months ago

Delay In Filing Of Appeal Under Section 42 Of IBC Is Condonable Under Section 5 Of Limitation Act: NCLAT Delhi

Live Law  

The National Company Law Appellate Tribunal, New Delhi Bench, comprising of Justice Ashok Bhushan and Shri Barun Mitra, while adjudicating an appeal filed in Canara Bank v Commercial Tax Department Circle 09, Indore, Madhya Pradesh & Anr., has held that delay in filing the Appeal under Section 42 of IBC is condonable in exercise of power under Section 5 of …

High Court Dismisses Plea Seeking Postponement Of Either Haryana Civil Services Prelims Or Punjab Excise & Taxation Inspector Exam
1 year, 7 months ago

High Court Dismisses Plea Seeking Postponement Of Either Haryana Civil Services Prelims Or Punjab Excise & Taxation Inspector Exam

Live Law  

The Punjab and Haryana High Court has dismissed a petition seeking postponement of the Preliminary Examination of Haryana Civil Services and other Allied Services-2022 which is scheduled to be held on May 21. The plea alternatively sought postponement of the examination for post of Excise and Taxation Inspector being conducted by Punjab Subordinate Services Selection Board on the same date. …

Punjab & Haryana High Court Issues Notice On Plea Seeking SOP For Regulating Custody Period Of Persons With Multiple Cases
1 year, 7 months ago

Punjab & Haryana High Court Issues Notice On Plea Seeking SOP For Regulating Custody Period Of Persons With Multiple Cases

Live Law  

The Punjab & Haryana High Court has issued a notice to government of Punjab and Haryana on a petition seeking formulation of Standard Operating Procedures for regulating the total period of custody undergone by a person detained in multiple cases. The petitioner argues that reading the custody period of all cases jointly would amount to violation of the right to …

Orders Framing, Altering Or Refusing To Alter Charges Under NIA Act Are Interlocutory & Not Appealable: Jammu & Kashmir High Court
1 year, 8 months ago

Orders Framing, Altering Or Refusing To Alter Charges Under NIA Act Are Interlocutory & Not Appealable: Jammu & Kashmir High Court

Live Law  

The Jammu and Kashmir and Ladakh High Court recently ruled that a Special Court's order framing charge or altering or refusing to alter the charge under the National Investigating Agency Act is an interlocutory order and not appealable under Section 21. However, the term "interlocutory order" as used in Section 21 of the NIA Act cannot be given the same …

Delhi Court Refuses To Give Shorter Date In NI Act Case Citing ‘Pendency Of More Than 8800 Cases’ Before Judge
1 year, 8 months ago

Delhi Court Refuses To Give Shorter Date In NI Act Case Citing ‘Pendency Of More Than 8800 Cases’ Before Judge

Live Law  

Listing a case under the Negotiable Instruments Act, 1881, for next hearing on November 22, a Delhi Court refused to give shorter date citing “pendency of more than 8800 cases” before it. “Shorter date requested, however the same is not possible as this court has pendency of more than 8800 cases,” Metropolitan Magistrate Aishwarya Sharma of Saket Courts said in …

No Scope For Condonation Of Delay Beyond 15 Days, Much Less 45 Days: NCLAT Delhi
1 year, 9 months ago

No Scope For Condonation Of Delay Beyond 15 Days, Much Less 45 Days: NCLAT Delhi

Live Law  

The National Company Law Appellate Tribunal, Principal Bench, comprising of Justice Rakesh Kumar Jain and Shri Naresh Salecha, while adjudicating an appeal filed in Diwakar Sharma v Anand Sonbhadra, has held that there is no scope for condonation of delay beyond the period of 15 days much less 45 days, as there is no window available for NCLAT to exercise …

CAT Cannot Condone Delay In Filing Review Application: Gauhati High Court
1 year, 9 months ago

CAT Cannot Condone Delay In Filing Review Application: Gauhati High Court

Live Law  

The Gauhati High Court recently reiterated that the Central Administrative Tribunal has no power to condone the delay and entertain a review application beyond a period of 30 days. As Rule 17 of the Central Administrative Tribunal Rules, 1987 expressly provides timeline of 30 days for entertaining a review application, unless the statutory provision is declared to be ultra vires …

Section 17 Of Limitation Act Inapplicable Where Limitation Is Prescribed For Appeal: NCLAT Delhi
1 year, 11 months ago

Section 17 Of Limitation Act Inapplicable Where Limitation Is Prescribed For Appeal: NCLAT Delhi

Live Law  

The National Company Law Appellate Tribunal, Principal Bench, comprising of Justice Ashok Bhushan and Mr. Barun Mitra, while adjudicating an appeal filed in Maharashtra State Electricity Distribution Company Ltd. v NRC Ltd. & Anr., has held that Section 17 of Limitation Act, 1963 deals with period of limitation in the case of any suit or application. Effect of fraud or …

Delay In Filing Appeal; Incorrect Particulars: Supreme Court Imposes Rs One Lakh Costs On UP Government For Casual Approach
2 years 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 …

"No Change In Haryana Govt's Attitude": High Court Sets Aside Order Condoning 3 Yrs Delay In Filing Appeal On Ground That Case Files Were Lost
2 years, 1 month ago

"No Change In Haryana Govt's Attitude": High Court Sets Aside Order Condoning 3 Yrs Delay In Filing Appeal On Ground That Case Files Were Lost

Live Law  

The Punjab and Haryana High Court on Wednesday slammed the Haryana government for paying no heed to the Limitation Act and causing inordinate delays in preferring appeals.A single bench of Justice Deepak Gupta, while refusing to excuse the government on the ground that the case file was lost during interdepartmental consultation, remarked,"In large number of cases, the Government seeks. The …

Appeal U/S 21 NIA Act Not Maintainable Against Order Framing Charges: Meghalaya High Court
2 years, 3 months ago

Appeal U/S 21 NIA Act Not Maintainable Against Order Framing Charges: Meghalaya High Court

Live Law  

The Meghalaya High Court has held that an order framing charges under stringent provisions of UAPA cannot be challenged in appeal under Section 21 of the National Investigation Agency Act.A bench of Chief Justice Sanjib Banerjee and Justice W. Diengdoh observed that the scheme of the NIA Act envisages speedy process of trial and finality of action. The Meghalaya High …

Delayed Institution Of Police Report Does Not Threaten Assumption Of Cognizance U/S 468 CrPC: Punjab & Haryana High Court
2 years, 4 months ago

Delayed Institution Of Police Report Does Not Threaten Assumption Of Cognizance U/S 468 CrPC: Punjab & Haryana High Court

Live Law  

The Punjab and Haryana High Court has made it clear that delay on part of investigating agency in filing the charge sheet does not attract Section 468 CrPC, which prescribes bar on taking cognizance after lapse of the period of limitation.The bench comprising Justice Sureshwar Thakur observed that if delays in investigations made into the FIR are construed to fall …

Two Designated Courts For NIA Cases, Hearing Done Only By One: Delhi High Court Told; Status Report Sought
2 years, 5 months ago

Two Designated Courts For NIA Cases, Hearing Done Only By One: Delhi High Court Told; Status Report Sought

Live Law  

The Delhi High Court has recently been informed that while there are two designated courts especially dealing with cases under the National Investigation Agency Act, hearing is being done only by one Court. Justice Jasmeet Singh, who was hearing a plea raising the issue of long pendency of cases under the NIA Act, sought further status report from the authorities …

Section 11 Application Barred By Limitation; Parties Cannot Be Referred To Arbitration: Punjab and Haryana High Court
2 years, 5 months ago

Section 11 Application Barred By Limitation; Parties Cannot Be Referred To Arbitration: Punjab and Haryana High Court

Live Law  

The Punjab and Haryana High Court has reiterated that if the application for appointment of arbitrator under Section 11 of the Arbitration and Conciliation Act, 1996 is hopelessly time-barred, no arbitrator can be appointed by the High Court. The applicant filed an application before the Punjab and Haryana High Court under Section 11 of the Arbitration and Conciliation Act, 1996 …

Court Must Give Notice To Accused, Hear Him Before Condoning Delay In Filing Complaint U/S 138 NI Act: Tripura High Court
2 years, 7 months ago

Court Must Give Notice To Accused, Hear Him Before Condoning Delay In Filing Complaint U/S 138 NI Act: Tripura High Court

Live Law  

The Tripura High Court has made it clear that a court is required to issue notice to the accused and hear him before condoning the delay in filing a complaint under Section 138 of the Negotiable Instruments Act. ".under Section 138 of the NI Act, if the original complaint is filed after the expiry of the statutory period, then, in …

If Ground Of Delay In Filing S.138 NI Act Complaint Is Raised For First Time In Appeal, Case May Be Remanded Back For Consideration U/S 142(b): Karnataka HC
2 years, 8 months ago

If Ground Of Delay In Filing S.138 NI Act Complaint Is Raised For First Time In Appeal, Case May Be Remanded Back For Consideration U/S 142(b): Karnataka HC

Live Law  

The Karnataka High Court has said that if a party, opposing the proceedings instituted under Section 138 of the Negotiable Instruments Act, fails to raise the ground of delay in filing the complaint before the court of first instance, the Court in Appeal is empowered to remand the matter back for fresh consideration on the issue of condonation of delay …

Arbitral Award Cannot Be Set Aside Merely On The Ground Of Erroneous Application Of Law Or Misappreciation Of Evidence : Supreme Court
2 years, 9 months ago

Arbitral Award Cannot Be Set Aside Merely On The Ground Of Erroneous Application Of Law Or Misappreciation Of Evidence : Supreme Court

Live Law  

The Supreme Court, on Wednesday, held that apart from the grounds mentioned in Section 34 of the Arbitration and Conciliation Act, 2013, an arbitral award can be set aside only when it is vitiated by patent illegality, and not on ground of erroneous application of law or by misappreciation of evidence. A Bench comprising Justices Ajay Rastogi and Sanjiv Khanna …

'Govt Agency Not A Privileged Litigant': Calcutta High Court Refuses To Condone 302 Days Delay In Filing Appeal By CBI
2 years, 9 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 …

'No Explanation' : Supreme Court Sets Aside HC Order Condoning Delay Of 1011 Days In Filing Second Appeal
3 years 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 …

Long Pendency Of NIA Cases In Special Courts: Delhi High Court Seeks Reasons For Delay In Trials By Dec 17
3 years, 2 months ago

Long Pendency Of NIA Cases In Special Courts: Delhi High Court Seeks Reasons For Delay In Trials By Dec 17

Live Law  

The Delhi High Court has granted further time to its Registry for filing response with regards to the pendency of NIA cases in designated special courts in the national capital along with the reason for delay in the trials in such cases.The development came from the court of Justice Mukta Gupta while hearing a plea filed by an accused Manzer …

Bhima Koregaon Violence: Bombay High Court Grants NIA Time To Respond In Anand Teltumbde's Bail Appeal
3 years, 2 months ago

Bhima Koregaon Violence: Bombay High Court Grants NIA Time To Respond In Anand Teltumbde's Bail Appeal

Live Law  

The Bombay High Court on Wednesday granted the National Investigation Agency two weeks to respond to Dalit scholar Anand Teltumbde's bail appeal. Teltumbde has filed two petitions; the first is an appeal against the special court's order rejecting his bail application and the second is a petition challenging the constitutional validity of certain provisions of the Unlawful Activities Act. Regarding …

NCLAT Has No Jurisdiction To Condone Delay Exceeding 15 Days From Period Of 30 Days, Contemplated U/s 61(2) IBC: Supreme Court
3 years, 3 months ago

NCLAT Has No Jurisdiction To Condone Delay Exceeding 15 Days From Period Of 30 Days, Contemplated U/s 61(2) IBC: Supreme Court

Live Law  

The Supreme Court observed that the National Company Law Appellate Tribunal has no jurisdiction to condone the delay exceeding 15 days from the period of 30 days, as contemplated under Section 61 of the Insolvency and Bankruptcy Code.In this case, referring to sub-section of Section 61 of the IBC which provides for powers to the Appellate Tribunal to condone the …

Supreme Court Admonishes Himachal Pradesh Govt For 636 Day Delay In Filing Appeal Against 2018 POCSO Order
3 years, 4 months ago

Supreme Court Admonishes Himachal Pradesh Govt For 636 Day Delay In Filing Appeal Against 2018 POCSO Order

Live Law  

The Supreme Court on Monday admonished the State of Himachal Pradesh for a delay of 636 days in filing an appeal against a High Court order acquitting an accused in a case under the Protection of Children against Sexual Offences Act, 2012. The Court also took serious objections when the State government tried to cite the ongoing Covid-19 pandemic as …

NDPS-Order Extending Time For Investigation To Be Passed After Properly Alerting The Accused: Kerala High Court
3 years, 5 months ago

NDPS-Order Extending Time For Investigation To Be Passed After Properly Alerting The Accused: Kerala High Court

Live Law  

The Kerala High Court on Wednesday observed that an order to extend time for investigation under the NDPS Act should only be passed after properly alerting the accused in the matter. Justice K Haripal also held that the Public Prosecutor being an independent statutory authority was expected to independently apply his mind to the request of the investigating agency before …

Undue Delay In Investigation Infringes Right To Fair & Expeditious Trial Under Article 21: Punjab & Haryana High Court Observes In MP/MLA Criminal Case
3 years, 7 months ago

Undue Delay In Investigation Infringes Right To Fair & Expeditious Trial Under Article 21: Punjab & Haryana High Court Observes In MP/MLA Criminal Case

Live Law  

"Undue delay in concluding an investigation is infringement to right to fair and expeditious investigation and trial which flows from Article 21 of the Constitution," the Punjab and Haryana High Court has observed. The remarks have been made by a Division Bench of Justices Rajan Gupta and Karamjit Singh in the suo moto case for expeditious disposal of criminal cases …

UAPA- Delhi High Court Rejects Plea Against Extension Of Period Of Investigation And Detention Of 'Suspected Al-Qaeda Operatives'
3 years, 11 months ago

UAPA- Delhi High Court Rejects Plea Against Extension Of Period Of Investigation And Detention Of 'Suspected Al-Qaeda Operatives'

Live Law  

The High Court of Delhi on Thursday refused to set aside the Trial Court's order directing extension in the period of investigation and custody of the accused for a period of 45 days with directions to the investigating agency to expedite the investigation. A single Bench of Justice Rajnish Bhatnagar heard the plea by two accused NajmusSakib and Al Mamun …

Can CJM Extend Period Of Investigation For Case Registered Under UAPA?, Punjab & Haryana High Court To Examine [Read Order]
4 years, 2 months ago

Can CJM Extend Period Of Investigation For Case Registered Under UAPA?, Punjab & Haryana High Court To Examine [Read Order]

Live Law  

The Punjab and Haryana High Court has decided to examine whether a Chief Judicial Magistrate can grant extension of time to an investigating agency for completion of investigation in a criminal case registered under the provisions of the Unlawful Activities Prevention Act. The Petitioner's counsel, Advocate Saurav Bhatia had submitted that the since the Petitioner had been implicated under the …

[UAPA] Accused Has Right To Oppose Police Plea For Extension Of Time For Completion Of Investigation Beyond 90 Days But Cannot Be Provided Copy Of The Application:Delhi HC [Read Order]
4 years, 3 months ago

[UAPA] Accused Has Right To Oppose Police Plea For Extension Of Time For Completion Of Investigation Beyond 90 Days But Cannot Be Provided Copy Of The Application:Delhi HC [Read Order]

Live Law  

The Delhi High Court ruled that an accused has a right to be heard to oppose an application for extension of time for completion of investigation accruing out of the proviso to Section 167 of the Cr.P.C. for application to UAPA investigations, such detention can be extended to a period of 180 days beyond this time-limit of 90 days provided …

SC Order Extending Limitation Not Cloak For Investigating Agency To Claim Self-Serving Extension Under 167(2) Cr. P. C.': Rajasthan HC [Read Judgment]
4 years, 7 months ago

SC Order Extending Limitation Not Cloak For Investigating Agency To Claim Self-Serving Extension Under 167(2) Cr. P. C.': Rajasthan HC [Read Judgment]

Live Law  

The Rajasthan High Court on Friday rejected the contention that till the lockdown continues, the period prescribed in Section 167 Cr. P. C. stands automatically extended in view of the March 23 order of the Supreme Court, as it has the effect of binding law by virtue of Article 141/142. On March 23, the Apex Court had directed that the …

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