Application For Condonation Of Delay Not Required When Victim Appeals Against Acquittal, Affidavit Explaining Delay Sufficient: Kerala High Court
2 years 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 of the appeal.” The petitioners in the matter at hand approached the court aggrieved by the order of the Judicial First Class Magistrate's Court admitting the appeal filed by the victim after a delay of over 3 years. The court referred to the decision of a full bench of the Kerala High Court in Sobhanakumari K. v. Santhosh @ Pallan Shaji where it was observed that under the Code of Criminal Procedure Amendment Act, 2008, the victim can appeal against an order of acquittal or an order convicting the accused for a lesser offence, and no period of limitation has been prescribed for filing the appeal. The court also relied on the decision of the Supreme Court in Mallikarjun Kodagali represented through Legal Representatives v. State of Karnataka and Others to arrive at the conclusion that an affidavit explaining the delay would suffice when a victim files an appeal: “On consideration of the above two judgments, the following propositions emerge:- A victim has a right to appeal against a judgment of acquittal or a judgment imposing a lesser sentence.

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History of this topic

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 …

Staying Criminal Proceedings Pending For 34 Yrs, Allahabad HC Seeks Affidavit From UP Govt Official On State's Litigation Policy
2 months, 2 weeks ago

Staying Criminal Proceedings Pending For 34 Yrs, Allahabad HC Seeks Affidavit From UP Govt Official On State's Litigation Policy

Live Law  

On Friday, the Allahabad High Court stayed the entire criminal proceedings in a 34-year-old case against a man accused of rioting, taking into account the inordinate delay caused by the State/prosecution in concluding the case. A bench of Justice Saurabh Lavania also directed the Uttar Pradesh government's Director General and Additional Chief Secretary to file their personal affidavits regarding the …

Assessee's Medical Condition Not Sufficient To Excuse Four-Year Delay In Filing Appeal: Kerala High Court Declines Condonation Of Delay
4 months ago

Assessee's Medical Condition Not Sufficient To Excuse Four-Year Delay In Filing Appeal: Kerala High Court Declines Condonation Of Delay

Live Law  

The Kerala High Court stated that the medical condition cited by the assessee is not sufficient grounds to justify condoning a four-year delay in filing the appeal. Admittedly, the assessee filed appeals against the orders only in the month of February 2024 i.e., four years after the date on which the orders against which the appeal was sought to be …

Condonation Of Delay Is Case Specific, No Inflexible Rule Can Be Laid Down To Condone Delay U/S 61 Of IBC: NCLAT
4 months, 2 weeks ago

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

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 …

Appeals Filed Without Delay Condonation Applications Cannot Be Rectified Later: Jharkhand High Court
7 months, 2 weeks ago

Appeals Filed Without Delay Condonation Applications Cannot Be Rectified Later: Jharkhand High Court

Live Law  

The Jharkhand High Court has ruled that if an appeal memo does not contain an application for the condonation of delay at the time of its filing, subsequent filing of such an application cannot cure the defect. Despite the court granting time to address the defects pointed out by the Stamp Reporter, the counsel for the Revenue did not take …

[Arbitration Act] General Explanation Of Intra-departmental Analysis And Discussions Doesn't Constitute Credible Explanation For Delay In Filing Appeal: Delhi High Court
9 months, 3 weeks 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 …

Affidavit Necessary With Application U/S 156(3) CrPC, Magistrate Should Be Vigilant In Accepting Applications In Matrimonial/Family Disputes: Kerala High Court
10 months ago

Affidavit Necessary With Application U/S 156(3) CrPC, Magistrate Should Be Vigilant In Accepting Applications In Matrimonial/Family Disputes: Kerala High Court

Live Law  

The Kerala High Court relying upon the Apex Court decision in Priyanka Srivastava & Anr. The Court held thus: “Where applications under Section 156 of Code of Criminal Procedure are to be supported by an affidavit duly sworn by the complainant who seeks the invocation of the jurisdiction of the Magistrate. 3) Prior to the filing of a petition under …

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 …

No Time Limit Stipulated Under Limitation Act For Victim Filing Appeal Against Conviction U/S 372 CrPC: Kerala High Court
1 year, 5 months ago

No Time Limit Stipulated Under Limitation Act For Victim Filing Appeal Against Conviction U/S 372 CrPC: Kerala High Court

Live Law  

The Kerala High Court has reiterated that the Limitation Act does not prescribe any statutory period for the victim to prefer an appeal against conviction under the proviso to Section 372 CrPC. Dias relied upon the Division Bench decision in Sobhanakumari K. vs. Santhosh @ Pallan Shaji and observed thus: “In Sobhanakumari K. vs. Santhosh @ Pallan Shaji, a Division …

MV Act | Award Can Be Stayed Even If Insurer's Application For Condonation Of Delay In Filing Appeal Is Pending: Bombay High Court
1 year, 6 months ago

MV Act | Award Can Be Stayed Even If Insurer's Application For Condonation Of Delay In Filing Appeal Is Pending: Bombay High Court

Live Law  

The Bombay High Court recently held that an ad-interim/interim stay can be granted on an award passed under the Motor Vehicles Act even if the appellants’ application for condonation of delay in filing the First Appeal against such award is pending. According to Rule 3-A of Order 41 of the CPC, “Where an application has been made under sub-rule, the …

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. …

Leaving India And Unable To Receive Notice Is Not The Commission’s Responsibility, Kerala State Commission Refuses To Condone 2,279-Day Delay In Filing Appeal
1 year, 7 months ago

Leaving India And Unable To Receive Notice Is Not The Commission’s Responsibility, Kerala State Commission Refuses To Condone 2,279-Day Delay In Filing Appeal

Live Law  

Recently, the State Consumer Disputes Redressal Commission in Thiruvananthapuram bench, comprising of Ajith Kumar, Beena Kumary, and Radhakrishnan K.R., refused to condone a delay of 2,279 days in filing of an appeal and held that condonation of delay could not be claimed as a matter of right. 50,000 as compensation for the deficient service to the Mr Jayagopal K.. Aggrieved …

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 …

Lawyer's Default Sufficient Cause To Condone Delay In The Absence Of Willful Negligence On Litigant's Part: Kerala High Court
2 years, 7 months ago

Lawyer's Default Sufficient Cause To Condone Delay In The Absence Of Willful Negligence On Litigant's Part: Kerala High Court

Live Law  

The Kerala High Court recently observed that default on the part of the lawyer is a sufficient cause to condone the delay as long as there are no willful latches and negligence on the part of the petitioner.Justice C.S. The Kerala High Court recently observed that default on the part of the lawyer is a sufficient cause to condone the …

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

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 …

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 …

Long Pending Criminal Appeal At Allahabad HC: Supreme Court Asks UP Govt To File Affidavit Through A 'Responsible Officer' On The Timeline Of Proceedings
3 years, 5 months ago

Long Pending Criminal Appeal At Allahabad HC: Supreme Court Asks UP Govt To File Affidavit Through A 'Responsible Officer' On The Timeline Of Proceedings

Live Law  

The Supreme Court on Wednesday required the state of UP to file an affidavit before it in 2 days through a "responsible officer" in its Home department indicating how many times a 2016 criminal appeal was listed before the Allahabad High Court, how many times an adjournment was sought by the appellant, whether the matter reached for hearing or not, …

Affidavit For Admission/Denial Of Documents in Commercial Suits Must Be Filed Within 45 Days: Delhi HC [Read Judgment]
5 years, 4 months ago

Affidavit For Admission/Denial Of Documents in Commercial Suits Must Be Filed Within 45 Days: Delhi HC [Read Judgment]

Live Law  

Delhi High Court has held that the maximum period for filing reapplication or an affidavit for admission/denial of documents is 45 days and the same has to be mandatory followed. In the present application, the Petitioner had challenged the order of the Joint Registrar which had disallowed the Petitioner to file an affidavit for admission/denial of documents after the termination …

Why delay by CBI in filing appeal in Babri case, asks SC
11 years, 11 months ago

Why delay by CBI in filing appeal in Babri case, asks SC

The Hindu  

A responsible senior law officer should file an affidavit for the delay by the CBI in filing an appeal in the Babri Masjid demolition case, the Supreme Court said on Tuesday. The entirety of the case shows the recklessness of the institution.” Justice Dattu told counsel, “Basically, the delay seems to be on the part of the law officer, who …

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