Both Bar & Bench Commit Mistakes; Wrong Legal Advice Is Valid Ground To Condone Delay In Filing Written Statement: Calcutta HC
6 years, 9 months ago

Both Bar & Bench Commit Mistakes; Wrong Legal Advice Is Valid Ground To Condone Delay In Filing Written Statement: Calcutta HC

Live Law  

The Calcutta High Court has observed that wrong advice of advocate can be considered as sufficient ground to condone the delay in filing the written statement.Justice Sabyasachi Bhattacharyya made this observation while setting aside a trial court order that rejected a petition to accept that a written statement was rejected, primarily on the premise that ignorance of law and wrong advice. The Calcutta High Court has observed that wrong advice of advocate can be considered as sufficient ground to condone the delay in filing the written statement. Justice Sabyasachi Bhattacharyya made this observation while setting aside a trial court order that rejected a petition to accept that a written statement was rejected, primarily on the premise that ignorance of law and wrong advice of advocate were not sufficient grounds to condone the delay. The court said there could not be any reason for the petitioner to wait for filing his written statement unless there was a wrong legal advice and the trial court applied an erroneous legal test in overlooking wrong advice of advocate as a valid ground for condoning delay, thereby committing a jurisdictional error.

Advice Court Legal Advice Statement Delay Filing Ground Wrong Written Written Statement Sufficient Ground Wrong Advice  wrong  ground  hc  legal  court  written  filing  statement  delay  advocate  valid  advice  mistakes  rejected

History of this topic

Litigant Shifting Responsibility For Inordinate Delay To Counsel's Negligence Is 'Unwholesome': Delhi High Court
3 months ago

Litigant Shifting Responsibility For Inordinate Delay To Counsel's Negligence Is 'Unwholesome': Delhi High Court

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While hearing a writ petition moved after a delay of six years, the Delhi High Court deprecated the practice of litigants seeking condonation of delay merely on the ground that their counsel was negligent or indolent. A division bench of Justice C. Hari Shankar and Justice Anoop Kumar Mendiratta remarked, “We also disapprove the unwholesome practice of seeking to explain …

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

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

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

"Very Easy To Blame Lawyer": Orissa HC Refuses To Condone Delay In Case First Launched In 2006, Says Litigant Did Not Keep Touch With Advocate
1 year, 5 months ago

"Very Easy To Blame Lawyer": Orissa HC Refuses To Condone Delay In Case First Launched In 2006, Says Litigant Did Not Keep Touch With Advocate

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The Orissa High Court has held that an advocate cannot be blamed for sheer negligence of a party resulting in considerable delay in compliance of Court’s order. While denying condonation of delay to the petitioner, the Division Bench of Chief Justice Subhasis Talapatra and Justice Sangam Kumar Sahoo observed, “It is very easy to change lawyer and to put blame …

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

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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 …

Courts Must Exercise Discretion To Condone Delay In Filing Written Statement After Due Circumspection: Punjab And Haryana High Court
2 years, 10 months ago

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

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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 …

'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

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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 …

Judicial Appointments : Calcutta HC Seeks Personal Appearance Of Judicial Secretary For Making Incorrect Statements In Affidavit [Read Order]
5 years, 1 month ago

Judicial Appointments : Calcutta HC Seeks Personal Appearance Of Judicial Secretary For Making Incorrect Statements In Affidavit [Read Order]

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A division bench of the Calcutta High Court on Wednesday took stern view of a Judicial Secretary for stating incorrect facts in a court affidavit. Asking the Judicial Secretary of the State of West Bengal to make a personal appearance before the court, a division bench comprising Justice Joymalya Bagchi and Justice Suvra Ghosh said that it was "unfortunate" that …

‘Co-Accused Was My Lay Client’: Calcutta HC Judge Recalls Order In Criminal Case [Read Order]
6 years, 4 months ago

‘Co-Accused Was My Lay Client’: Calcutta HC Judge Recalls Order In Criminal Case [Read Order]

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‘Though it has nothing to do with the present criminal case, had this been brought to my notice, I would surely have recused myself then and there and not taken up the matter during vacation.’Justice Protik Prakash Banerjee of the Calcutta High Court has recalled an order he passed in a criminal revision petition on the ground that the co-accused …

‘Co-Accused Was My Lay Client’: Calcutta HC Judge Recalls Order In Criminal Case [Read Order]
6 years, 4 months ago

‘Co-Accused Was My Lay Client’: Calcutta HC Judge Recalls Order In Criminal Case [Read Order]

Live Law  

‘Though it has nothing to do with the present criminal case, had this been brought to my notice, I would surely have recused myself then and there and not taken up the matter during vacation.’Justice Protik Prakash Banerjee of the Calcutta High Court has recalled an order he passed in a criminal revision petition on the ground that the co-accused …

Communication By Advocate About An Order As Good As Production Of Certified Copy, Unless Strongly Rebutted: Calcutta HC [Read Judgment]
6 years, 9 months ago

Communication By Advocate About An Order As Good As Production Of Certified Copy, Unless Strongly Rebutted: Calcutta HC [Read Judgment]

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The Calcutta High Court has observed that communication by an advocate about a court order is as good as production of certified copy of the order in question, unless strongly rebutted.An application seeking an opportunity to lead evidence was turned down by the trial court. The Calcutta High Court has observed that communication by an advocate about a court order …

Communication By Advocate About An Order As Good As Production Of Certified Copy, Unless Strongly Rebutted: Calcutta HC [Read Judgment]
6 years, 9 months ago

Communication By Advocate About An Order As Good As Production Of Certified Copy, Unless Strongly Rebutted: Calcutta HC [Read Judgment]

Live Law  

The Calcutta High Court has observed that communication by an advocate about a court order is as good as production of certified copy of the order in question, unless strongly rebutted.An application seeking an opportunity to lead evidence was turned down by the trial court. The Calcutta High Court has observed that communication by an advocate about a court order …

Litigant Needs To Be Vigilant, Can’t Put Entire Blame On Advocate To Get Delay Condoned: Delhi HC [Read Judgment]
7 years, 9 months ago

Litigant Needs To Be Vigilant, Can’t Put Entire Blame On Advocate To Get Delay Condoned: Delhi HC [Read Judgment]

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"The litigant owes a duty to be vigilant of his rights and is also expected to be equally vigilant about the judicial proceedings pending in the court of law against him or initiated at his instance"Delhi High Court recently rapped an Appellant-company for their lack of vigilance in conducting a suit for recovery of money, and their subsequent conduct in …

Litigant Needs To Be Vigilant, Can’t Put Entire Blame On Advocate To Get Delay Condoned: Delhi HC [Read Judgment]
7 years, 9 months ago

Litigant Needs To Be Vigilant, Can’t Put Entire Blame On Advocate To Get Delay Condoned: Delhi HC [Read Judgment]

Live Law  

"The litigant owes a duty to be vigilant of his rights and is also expected to be equally vigilant about the judicial proceedings pending in the court of law against him or initiated at his instance"Delhi High Court recently rapped an Appellant-company for their lack of vigilance in conducting a suit for recovery of money, and their subsequent conduct in …

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 …

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