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 Petition filed seeking a direction to. 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 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 Cort added. Referring to the Apex Court's ruling in the case of Northern Indian Glass Industries Vs. Jaswant Singh & ors., AIR 2003 SC 234, the High Court observed that it can't ignore the delay and laches in approaching the writ court and that there must be a satisfactory explanation by the petitioner as how he could not come to the Court well in time.

Court Rights Courts Writ Delay Petition His Right Petitioner  ground  allahabad  rights  explanation  unexplained  delay  approaching  petition  high  shouldnt  petitioner  writ  accrued  observed  court  disturbed

History of this topic

'While Public Going Wild On Social Media Over Court Delays...' : Allahabad HC Slams Litigant Objecting To Speedy Court Proceedings
1 month, 2 weeks ago

'While Public Going Wild On Social Media Over Court Delays...' : Allahabad HC Slams Litigant Objecting To Speedy Court Proceedings

Live Law  

In a scathing observation, the Allahabad High Court recently slammed a litigant who moved the court against the swift proceedings in a case under the UP Consolidation of Holdings Act, 1953. A bench of Justice JJ Munir observed that it was ironic that while social media and public platforms often criticize the judiciary for prolonged court proceedings and frequent adjournments, …

Briefing Standing Counsel, Obtaining Approvals From Officials Not 'Sufficient Cause' For Condoning Delay In Filing Appeal: Delhi High Court
1 month, 3 weeks ago

Briefing Standing Counsel, Obtaining Approvals From Officials Not 'Sufficient Cause' For Condoning Delay In Filing Appeal: Delhi High Court

Live Law  

While rejecting an appeal moved by Delhi Government's Directorate of Education, the Delhi High Court has ruled that obtaining approvals from officials of its departments and briefing the standing counsel are not “sufficient cause” for application of condonation of delay under Section 5 of the Limitation Act. “In any event, in our considered view the aforesaid plea taken by the …

'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 …

[GST] Decision-Making Procedure Adopted By Authority De Hors Provisions Of Act/Rules, Is Liable To Be Rendered As Flawed: Allahabad High Court
2 months, 1 week ago

[GST] Decision-Making Procedure Adopted By Authority De Hors Provisions Of Act/Rules, Is Liable To Be Rendered As Flawed: Allahabad High Court

Live Law  

While directing that the order under Section 73 of the Goods and Service Tax Act, 2017 uploaded in the “Additional Notices and Tabs” on the GST portal be treated as the show cause notice, the Allahabad High Court observed that “If in a decision making procedure adopted by the authority is de hors the provisions of the act or rules …

Allahabad High Court Quashes Criminal, ED Proceedings Initiated Against Indiabulls & Its Officials
2 months, 3 weeks ago

Allahabad High Court Quashes Criminal, ED Proceedings Initiated Against Indiabulls & Its Officials

Live Law  

The Allahabad High Court, on Friday, quashed the criminal proceedings initiated by the borrower, Shipra Group, and the Enforcement Directorate against the Indiabulls Group and its officials as arbitral proceedings pursuant to the loan agreements are already underway, a fact which was suppressed by the informant. Observing that the informant had hidden the various proceedings instituted by him in different …

Court Can Quash SCNs And Proceedings Under GST Act, Customs Act Or Finance Act On Ground Of Inordinate Delay In Adjudication: Delhi HC
3 months, 1 week ago

Court Can Quash SCNs And Proceedings Under GST Act, Customs Act Or Finance Act On Ground Of Inordinate Delay In Adjudication: Delhi HC

Live Law  

The Delhi High Court has made it clear that Show Cause Notices and adjudication proceedings under the Customs Act, 1962, the Finance Act, 1994 or the Central Goods and Services Tax, 2017 cannot be kept pending for years. Court said the phrase cannot be construed as a free-pass and “Ultimately it is incumbent upon the authority to establish that it …

Courts Must Balance Citizen's Rights & Adherence To Timelines, Delay Must Not Be Exploited: J&K High Court
3 months, 1 week ago

Courts Must Balance Citizen's Rights & Adherence To Timelines, Delay Must Not Be Exploited: J&K High Court

Live Law  

The Jammu and Kashmir and Ladakh High Court has underscored the necessity of distinguishing between genuine explanations for delays and inordinate, unexplained delays in judicial matters. The Court held that while it has a duty to protect citizens' rights, it must remain vigilant against allowing parties to misuse the system by approaching courts at their convenience without sufficient cause. They …

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 …

[Taxation] Passing Order Without Providing Opportunity Of Hearing, Providing Documents Violates Natural Justice: Allahabad HC Reiterates
3 months, 2 weeks ago

[Taxation] Passing Order Without Providing Opportunity Of Hearing, Providing Documents Violates Natural Justice: Allahabad HC Reiterates

Live Law  

While deciding a case relating to Input Tax Credit, the Allahabad High Court has held that a quasi-judicial body must provide an opportunity of hearing to a person before imposing liability on them. The Division Bench comprising Justice Shekhar B. Saraf and Justice Vipin Chandra Dixit held that as per the doctrine of audi alteram partem, such orders cannot be …

BREAKING: Supreme Court issues notice to Muslim side in Gyanvapi case, seeks reply within two weeks
3 months, 3 weeks ago

BREAKING: Supreme Court issues notice to Muslim side in Gyanvapi case, seeks reply within two weeks

India TV News  

Gyanvapi case: In a significant development, the Supreme Court on Friday issued a notice to the Muslim side on the petition demanding an Archaeological Survey of India survey of the alleged Shivling in the Gyanvapi mosque complex. After hearing this, the apex court has issued a notice to the Muslim side and sought a reply within two weeks. A bench …

Merely Saying Delay Is Due To 'Unforeseen Circumstances' Not Sufficient: Punjab & Haryana HC Rebukes State For Unexplained Delay In Filing Revision Plea
4 months, 1 week ago

Merely Saying Delay Is Due To 'Unforeseen Circumstances' Not Sufficient: Punjab & Haryana HC Rebukes State For Unexplained Delay In Filing Revision Plea

Live Law  

The State has to be accorded some latitude while considering the plea for condonation of delay filed by the State but the same cannot be stretched to an extent that the limitation Act is rendered otiose, said the Punjab & Haryana High Court while refusing to condone delay of 174 days in filing the revision plea.Justice Sumeet Goel was hearing …

Even single day's delay in deciding bail plea adversely affects fundamental rights: SC
4 months, 1 week ago

Even single day's delay in deciding bail plea adversely affects fundamental rights: SC

Deccan Chronicle  

New Delhi: Deprecating the practice of courts keeping bail applications pending for years, the Supreme Court has said that even a single day's delay in deciding such matters adversely affects the fundamental rights of citizens.The apex court has time and again emphasised the importance of personal liberty, a bench of Justices B R Gavai and K V Viswanathan said in …

Condonation Of Delay Is Case Specific, No Inflexible Rule Can Be Laid Down To Condone Delay U/S 61 Of IBC: NCLAT
4 months, 1 week 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 …

Petitions U/S 482 CrPC Filed With Delay Or To Overcome Expired Limitation Of Alternate Remedy Cannot Be Entertained: Delhi High Court
8 months ago

Petitions U/S 482 CrPC Filed With Delay Or To Overcome Expired Limitation Of Alternate Remedy Cannot Be Entertained: Delhi High Court

Live Law  

The Delhi High Court has observed that failure to avail alternate remedy on the ground of ongoing settlement process is not a reason for the court to exercise its discretionary power to quash the complaint cases. where it is filed with unexplained delay and laches and in the meantime, the trial has proceeded.” It referred to the Supreme Court case …

Understanding the Supreme Court’s stance on the right to a speedy trial
8 months, 1 week ago

Understanding the Supreme Court’s stance on the right to a speedy trial

Hindustan Times  

While granting bail to an accused recently, the SC lamented the “mockery of justice” by the prosecuting agency i.e., the National Investigation Agency and stated that regardless of the seriousness of the offence, the accused is entitled to bail if the prosecuting agency does not ensure a speedy trial. The SC has, through various judgements, held and reaffirmed that the …

[Central Excise Act] Fixing Consecutive Dates of Hearing on Very Short Notice Violative of Opportunity of Hearing U/S 33A: Allahabad High Court
9 months, 2 weeks ago

[Central Excise Act] Fixing Consecutive Dates of Hearing on Very Short Notice Violative of Opportunity of Hearing U/S 33A: Allahabad High Court

Live Law  

The Allahabad High Court has held that fixing consecutive dates of hearing within the period of a week would be violative of the opportunity of hearing as envisaged under Section 33A of the Central Excise Act, 1994. Counsel for petitioner relied on Section 33A of the Central Excise Act, 1994 to submitted that the respondents did not have the authority …

Arbitration Act Aims For Speedy Redressal, Delay In Filing Appeal Can Only Be Allowed If Party Makes Very Strong Case For Delay: Allahabad High Court
10 months, 2 weeks ago

Arbitration Act Aims For Speedy Redressal, Delay In Filing Appeal Can Only Be Allowed If Party Makes Very Strong Case For Delay: Allahabad High Court

Live Law  

The Allahabad High Court single bench of Justice Shekhar B Saraf held that the Arbitration Act is a legislation for speedy redressal. Brief Facts: The Appellant approached the Allahabad High Court and filed an appeal under Section 34 of the Arbitration and Conciliation Act, 1996. Observations by the High Court: The High Court invoked settled legal principles established by the …

Limitation Act | Doesn't Encompass Long Delays, Condonation Only In Exceptional Cases: Allahabad High Court Dismisses Section 37 A&C Petition
11 months, 3 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 …

Delay Occurred In Filing Appeal Against Acquittal Under S.378 CrPC Can Be Condoned Under Limitation Act: Supreme Court
1 year ago

Delay Occurred In Filing Appeal Against Acquittal Under S.378 CrPC Can Be Condoned Under Limitation Act: Supreme Court

Live Law  

The Supreme Court held that the delay that occurred in preferring an appeal against the acquittal can be condoned under Section 5 of the Limitation Act, 1963. Arguments Made by the Parties The appellant-accused contended that the High Court could not have allowed the delay condonation application as the delay occurred in filing the appeal against the acquittal cannot be …

'Sufficient Cause' In Limitation Act Can't Be Liberally Construed For Govt Departments : J&K High Court
1 year, 2 months ago

'Sufficient Cause' In Limitation Act Can't Be Liberally Construed For Govt Departments : J&K High Court

Live Law  

The Jammu and Kashmir and Ladakh High Court has held that the expression "sufficient cause" in Section 5 of the Limitation Act cannot be liberally construed just because a government department is seeking condonation of delay. Justice Javed Iqbal Wani made these observations while dismissing an application seeking condonation of a 65-day delay in filing a review petition by the …

Supreme Court Shocked At Advocate Telling High Court That He Won't Argue Before Particular Bench, Issues Contempt Notice
1 year, 3 months ago

Supreme Court Shocked At Advocate Telling High Court That He Won't Argue Before Particular Bench, Issues Contempt Notice

Live Law  

The Supreme Court, while hearing a criminal appeal, expressed its shock at the conduct of an advocate for refusing to argue before the High Court. “Needless to add that only on account of default by the advocate for the appellants, the appellants ought not to have been penalized by passing a drastic order of cancelling bail.” Elaborating, the Court went …

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 …

Refusal To Condone Delay In ITR filing , Consideration After 20 Years, Allahabad High Court Quashes Order
1 year, 6 months ago

Refusal To Condone Delay In ITR filing , Consideration After 20 Years, Allahabad High Court Quashes Order

Live Law  

The Allahabad High Court has quashed the order refusing to delay condonation in filing ITRs for lack of records after more than 20 years of filing the condonation applications.The bench of Justice Siddhartha Varma and Justice Manoj Bajaj has observed that when the delay condonation application was filed on March 30, 1998, the applications ought to have been decided within …

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. …

SC Adjourns Till Jun 9 Hearing on Delhi Govt Plea Against HC Order Staying Notice to Rapido
1 year, 9 months ago

SC Adjourns Till Jun 9 Hearing on Delhi Govt Plea Against HC Order Staying Notice to Rapido

News 18  

The Supreme Court on Wednesday adjourned till June 9 the hearing on the Delhi government’s plea challenging a high court order staying a notice to bike-taxi aggregator Rapido and allowing it to operate till the final policy has been notified. He said the high court’s decision to stay the government’s notice till the final policy is notified is like virtually …

Application For Condonation Of Delay Not Required When Victim Appeals Against Acquittal, Affidavit Explaining Delay Sufficient: Kerala High Court
1 year, 11 months ago

Application For Condonation Of Delay Not Required When Victim Appeals Against Acquittal, Affidavit Explaining Delay Sufficient: Kerala High Court

Live Law  

The Kerala High Court on Tuesday held that when a victim belatedly files an appeal against a judgement of acquittal, it is not essential to file an application for condonation of delay and that an affidavit explaining the delay would suffice. If the Appellate Court is satisfied with the explanations offered, the court is entitled to proceed to consider admission …

Allahabad High Court Weekly Round Up: March 6 To March 12, 2023
2 years ago

Allahabad High Court Weekly Round Up: March 6 To March 12, 2023

Live Law  

NOMINAL INDEX Kalika Pratap Singh vs. State Of U.P. The Superintendent Of Police Cbi/Acb Lko 2023 LiveLaw 92 ORDERS/JUDGMENTS OF THE WEEK Can't Examine Any Defence Of Accused While Considering Prayer For Quashing Of Charge Sheet: Allahabad High Court Case title - Kalika Pratap Singh vs. State Of U.P. And 2 Others Case citation: 2023 LiveLaw 86 While cancelling bail …

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, 1 month 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 …

'Oppressive & Unwarranted': Allahabad HC Quashes Criminal Proceedings Pending For 18 Yrs Against An Electricity Theft Accused
2 years, 1 month ago

'Oppressive & Unwarranted': Allahabad HC Quashes Criminal Proceedings Pending For 18 Yrs Against An Electricity Theft Accused

Live Law  

The Allahabad High Court on Thursday quashed criminal proceedings pending for 18 years against a man accused of committing electricity theft by terming the inordinate delay in the trial as oppressive and unwarranted.Holding that the fundamental right to speedy trial of the accused-Madan Mohan Saxena had been violated in the case, the bench of Justice Sameer Jain quashed the chargesheet …

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 …

Supreme Court Seeks Response From Allahabad HC Judge For Dismissing 45 Anticipatory Bail Pleas On Same Day In Same Fashion For Non-Prosecution
2 years, 4 months ago

Supreme Court Seeks Response From Allahabad HC Judge For Dismissing 45 Anticipatory Bail Pleas On Same Day In Same Fashion For Non-Prosecution

Live Law  

The Supreme Court recently took exception to how a Judge of the Allahabad High Court dismissed almost 45 petitions seeking anticipatory bail on a single day, in the same fashion for non-prosecution. "We are not supposed to comment at this stage but direct the Registrar of the High Court of Allahabad to submit the report to this Court after obtaining …

Allahabad HC Sets Aside Show Cause Notice Issued After Pre-Meditation As Respondent Had Already Expressed Its Mind
2 years, 7 months ago

Allahabad HC Sets Aside Show Cause Notice Issued After Pre-Meditation As Respondent Had Already Expressed Its Mind

Live Law  

The Allahabad High Court recently set aside a show cause notice sent after pre-mediation as the Court noted that the respondent had already made up their mind and had expressed their decision in the notice while issuing the same to the petitioner. Accordingly, the petitioner company was issued with a show cause notice to come forward and explain as why …

Order 6 Rule 17 CPC | Party Must Show That Proposed Amendment Could Not Have Been Brought Earlier Despite Exercise Of Due Diligence: P&H High Court
2 years, 8 months ago

Order 6 Rule 17 CPC | Party Must Show That Proposed Amendment Could Not Have Been Brought Earlier Despite Exercise Of Due Diligence: P&H High Court

Live Law  

The Punjab and Haryana High Court while upholding Trial Court's judgment dismissing an application filed under Order 6 Rule 17 of CPC for amendment of written statement on ground of delay, held that parties seeking amendment must show that despite exercise of due diligence, the proposed amendment could not have been brought forth earlier or before the commencement of the …

Allahabad High Court Dismisses Plea Seeking Direction To UOI To Act Against People Allegedly 'Spreading' Crime In Kashmir
2 years, 8 months ago

Allahabad High Court Dismisses Plea Seeking Direction To UOI To Act Against People Allegedly 'Spreading' Crime In Kashmir

Live Law  

The Allahabad High Court recently dismissed a plea seeking a direction to the Union Of India to take appropriate action against people who are allegedly involved in cow slaughtering, change of religion, spreading of crime in Kashmir, and are also snatching money from the simple law-abiding citizens.Essentially, the bench of Justice Rajan Roy and Justice Brij Raj Singh was dealing …

Delay In Conclusion Of Proceedings Can't Be A Reason To Reject An Application U/S 311 CrPC: Allahabad High Court
2 years, 8 months ago

Delay In Conclusion Of Proceedings Can't Be A Reason To Reject An Application U/S 311 CrPC: Allahabad High Court

Live Law  

The Allahabad High Court has recently observed that a delay in the conclusion of the proceedings/trial should not be the reason for the rejection of an application under Section 311 Cr.P.C.The bench of Justice Shekhar Kumar Yadav observed thus as it quashed an order of the Trial Court wherein an application moved under Section 311 CrPC was rejected noting that …

Courts Must Exercise Discretion To Condone Delay In Filing Written Statement After Due Circumspection: Punjab And Haryana High Court
2 years, 9 months ago

Courts Must Exercise Discretion To Condone Delay In Filing Written Statement After Due Circumspection: Punjab And Haryana High Court

Live Law  

Punjab and Haryana High Court while dealing with a petition against the order passed by the learned Additional Civil Judge, Ferozepur via which petitioner's defense was struck off, held that the provisions of Order 8 Rule 1 of the CPC are directory in nature, however, the Courts must exercise their discretion to condone the delay in filing the written statement …

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 …

Mere Filing Of Representation Before Authorities Does Not Extend Limitation Period : Supreme Court
3 years ago

Mere Filing Of Representation Before Authorities Does Not Extend Limitation Period : Supreme Court

Live Law  

The Supreme Court observed that mere filing of representation before authorities does not extend the period of limitation.If it is found that the writ petitioner is guilty of delay and latches, the High Court should dismiss it at the threshold and ought not to dispose of the writ petition by relegating the writ petitioner to file a representation and/or directing …

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 …

Repeated Representation Doesn't Extend Limitation Nor Can Be Ground To Plead Fresh Cause Of Action To Overcome Delay & Laches: Delhi High Court
3 years, 1 month ago

Repeated Representation Doesn't Extend Limitation Nor Can Be Ground To Plead Fresh Cause Of Action To Overcome Delay & Laches: Delhi High Court

Live Law  

The Delhi High Court reiterated that it is a settled law that repeated representation does not extend limitation nor can be a ground to plead a fresh cause of action to overcome delay and laches. Patel and Justice Jyoti Singh dismissed an appeal filed with a delay of 46 years from the date the shop in question was demolished and …

'It Takes Ages For Decree Holder To Realize Fruits Of Decree': Supreme Court Laments Delay In Execution
3 years, 1 month ago

'It Takes Ages For Decree Holder To Realize Fruits Of Decree': Supreme Court Laments Delay In Execution

Live Law  

While remarking that it is a classic case where the execution proceedings themselves become a second round of litigation and it takes ages for the decree holder to realize the fruits of success of a decree with judgment debtors assisted innovatively, the Supreme Court recently dismissed a SLP assailing Delhi High Court's order.The bench of Justices SK Kaul and MM …

SLP Against HC Order Dismissing Bail Application As Not Pressed Cannot Be Entertained: Supreme Court
3 years, 1 month ago

SLP Against HC Order Dismissing Bail Application As Not Pressed Cannot Be Entertained: Supreme Court

Live Law  

The Supreme Court observed that a Special Leave Petition against a High Court order dismissing a bail application as not pressed cannot be entertained.In this case, the Allahabad High Court, in the impugned order, recorded the submission made by the counsel for the accused that he does not want to press this bail application at this stage and the same …

"Don't Come Up Against Adjournment Orders": Supreme Court Discourages Challenging Adjournment Orders Passed By High Courts
3 years, 2 months ago

"Don't Come Up Against Adjournment Orders": Supreme Court Discourages Challenging Adjournment Orders Passed By High Courts

Live Law  

On Monday, the Supreme Court expressed its displeasure to Counsels approaching it assailing adjournment orders passed by High Courts. A Bench comprising Justices L. Nageswara Rao and B.V. Nagarathna was hearing a challenge to the adjournment order passed by the Allahabad High Court in a matter wherein the concerned Passport Authority had declined travel clearance to Asif Idrees, who had …

'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 …

Time Period Spent In Prosecuting SLP Would Be Good Ground For Condoning Delay In Filing A Review Application Before High Court: Supreme Court
3 years, 3 months ago

Time Period Spent In Prosecuting SLP Would Be Good Ground For Condoning Delay In Filing A Review Application Before High Court: Supreme Court

Live Law  

The Supreme Court on Monday observed that despite some delay on appellant's part, the time period spent in prosecuting a Special Leave Petition would be a good ground for condonation of delay in filing a review application before the High Court.The bench of Justices SK Kaul and MM Sundresh in their order said, "We are of the view that it …

Allahabad High Court Grants Protection From Arrest To 'The Wire's Siddharth Varadarajan And Ismat Ara In FIR Over Report On Farm Law Protestor's Death
3 years, 4 months ago

Allahabad High Court Grants Protection From Arrest To 'The Wire's Siddharth Varadarajan And Ismat Ara In FIR Over Report On Farm Law Protestor's Death

Live Law  

The Allahabad High Court recently granted interim protection from arrest to The Wire's founding editor Siddharth Varadarajan and reporter Ismat Ara in connection with a case registered against them for tweeting a report on the death of a protester in New Delhi during the Republic Day incidents as it allegedly "mislead people".The Bench of Justice Mahesh Chandra Tripathi and Justice. …

Sufficiency of cause does not give indefeasible legal right to ‘perpetual litigant’: HC
3 years, 4 months ago

Sufficiency of cause does not give indefeasible legal right to ‘perpetual litigant’: HC

Hindustan Times  

The Punjab and Haryana high court has rapped the Uttar Haryana Bijli Vitran Nigam for delay in challenging a lower court order stating that even sufficiency of cause does not result in any indefeasible legal right to a “perpetual litigant” such as UHBVN. The court observed that the explanation given by the UHBVN does not inspire confidence as specific dates …

Delhi Court Requests Prosecution, Lawyers To Prioritize Riots Cases To Avoid Delay In Hearings
3 years, 5 months ago

Delhi Court Requests Prosecution, Lawyers To Prioritize Riots Cases To Avoid Delay In Hearings

Live Law  

A Delhi Court on Monday requested Special Public Prosecutors and lawyers to prioritize hearing of cases relating to the North East Delhi riots, in order to avoid delay in hearings.The oral remarks came from Additional Sessions Judge Amitabh Rawat while the Court was set to hear Sharjeel Imam's bail plea in a riots case. A Delhi Court on Monday requested …

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