proceeding nclat extremely notifies deciding rectified assessee court trial award india jammu decide dismissed rs appellate discharge applicant party written mp board authority sarfaesi mandatory mv filed seeking revision sc

Articles for Condonation

Not Necessary To File Separate Application For Delay Condonation Along With Application To Set Aside Ex-Parte Decree : Supreme Court
13 hours, 48 minutes ago

Not Necessary To File Separate Application For Delay Condonation Along With Application To Set Aside Ex-Parte Decree : Supreme Court

Live Law  

The Supreme Court ruled that a separate application seeking condonation of delay is not necessary to be filed along with an application seeking to set aside an ex-parte decree under Order IX Rule 13 of the Civil Procedure Code, if the application sufficiently explains the delay. The bench comprising Justice Vikram Nath and Justice Prasanna B. Varale was hearing an …

Court Restoration Application Order Delay Cpc Filed
Courts Must Balance Citizen's Rights & Adherence To Timelines, Delay Must Not Be Exploited: J&K High Court
1 week, 4 days 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 …

Court Respondent Jammu Appellant Sufficient Cause Bona Fide Reasons Timelines Delay
Not Being Aware Of Legal Remedy Not Ground To Condone Delay: Punjab & Haryana High Court
2 weeks, 4 days 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 …

High Court Delay Haryana High Court Condonation Legal Remedy Proper Legal Advice 213 Days
ITR Filing: Income tax department shortens time limit for condonation of delay – What it means for taxpayers
1 month ago

ITR Filing: Income tax department shortens time limit for condonation of delay – What it means for taxpayers

Live Mint  

The Income Tax Department has recently made important changes in its refund claim procedures which have led to the reduction of the period when taxpayers could claim old income tax refunds. The onus has shifted now to the taxpayers to keep all the required documents amidst the transactions in future and submit them before the tax authorities at the prescribed …

Income Claims Delay Five Years Submit Filing Itr
Merely Saying Delay Is Due To 'Unforeseen Circumstances' Not Sufficient: Punjab & Haryana HC Rebukes State For Unexplained Delay In Filing Revision Plea
1 month, 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 …

Court Revision Delay State Filing Plea Condonation
Condonation Of Delay Is Case Specific, No Inflexible Rule Can Be Laid Down To Condone Delay U/S 61 Of IBC: NCLAT
1 month, 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 …

Jurisdiction Appeal Order Case Tribunal Filing Five Days
NCLAT Rejects One-Day Delay in Filing Appeal Against NCLT Order: Appellate of Order Dated 03.07.2024
1 month, 3 weeks ago

NCLAT Rejects One-Day Delay in Filing Appeal Against NCLT Order: Appellate of Order Dated 03.07.2024

Live Law  

The NCLAT has ruled in favor of the appellants in the case involving a delay in filing an appeal against an order of the NCLT. The court held that the limitation for condonation of a delay starts from the date of pronouncement of the order, and not from the date of uploading the order on the website of the NCLT.

Law Case Law NCLT Order Condonation of Delay New Delhi
MahaREAT Dismisses Homebuyer's Application For Condonation Of 298-Day Delay In Filing Appeal
3 months, 1 week ago

MahaREAT Dismisses Homebuyer's Application For Condonation Of 298-Day Delay In Filing Appeal

Live Law  

Maharashtra Real Estate Appellate Tribunal Bench, comprising SS Shinde and Dr. K. Shivaji, has dismissed the homebuyer's application for condonation of a 298-day delay in filing the appeal before the Tribunal. The homebuyer appealed the Maharashtra Real Estate Regulatory Authority order dated October 27, 2021. According to Section 44 of the Real Estate Act, 2016, the homebuyer had 60 days …

Real Estate Appeal Order Delay Tribunal Filing Authority
Incapacity Of A Non-Party To Lis Can Be Equated To 'Legal Disability' Under Sections 6 & 7 Of Limitation Act: Telangana High Court
4 months ago

Incapacity Of A Non-Party To Lis Can Be Equated To 'Legal Disability' Under Sections 6 & 7 Of Limitation Act: Telangana High Court

Live Law  

The Telangana High Court has held that the incapacity of a non-party to a legal proceeding can be equated to 'legal disability' under sections 6 and 7 of the Limitation Act, 1963. “The incapacity of a non-party may be equated to the legal disability under sections 6 and 7 of the Limitation Act since the absence of lack of knowledge …

High Court Appeal Legal Public Policy Limitation Act Limitation Delay
Appeals Filed Without Delay Condonation Applications Cannot Be Rectified Later: Jharkhand High Court
4 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 …

Appeal Delay Condonation Applications
Time Barred Appeal Is Not Maintainable In Absence Of Sufficient Cause For Condonation: Vishakhapatnam ITAT
7 months, 3 weeks ago

Time Barred Appeal Is Not Maintainable In Absence Of Sufficient Cause For Condonation: Vishakhapatnam ITAT

Live Law  

On finding that the assessee had neither substantiated his case before the Tribunal or before the CIT, the Visakhapatnam ITAT rejected the condonation and dismissed the appeal filed by the assessee in-limine. The Bench of the ITAT comprising of Duvvuru Rl Reddy and S Balakrishnan observed that “Even though the CIT and the Tribunal has given sufficient time to file …

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

Arbitration Appeal Court Limitation High Act Section 37 Of
Sluggishness Intolerable: Calcutta High Court Slams CBI's Conduct For Failing To File Appeal Within Limitation Period
10 months, 1 week 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 …

Justice Appeal Delay Cbi Filing Special Calcutta High Court
Commercial Tax | Allahabad High Court Upholds Condonation Of 1365 Days Delay On Sufficient Cause
10 months, 3 weeks ago

Commercial Tax | Allahabad High Court Upholds Condonation Of 1365 Days Delay On Sufficient Cause

Live Law  

The Allahabad High Court has upheld condonation of delay of 1365 days by the Commercial Tax Tribunal in filing of appeal as it was sufficiently explained by the authorities. Revisionist-assesee approached the High Court against order of the Commercial Tax Tribunal condoning the delay of 1365 days on part of the Department in filing the appeal. Reliance was placed on …

Supreme Court High Court Tax Commercial Delay 1365 Days Commercial Tax
'Sufficient Cause' In Limitation Act Can't Be Liberally Construed For Govt Departments : J&K High Court
11 months, 3 weeks 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 …

Court Application Union Delay Government Departments Condonation Liberally Construed
Department Of State Tax Submits Belated Claim To Liquidator Due To Personal Medical Difficulty Of Officer-In-Charge, NCLT Mumbai Condones Delay Of 92 Days
1 year ago

Department Of State Tax Submits Belated Claim To Liquidator Due To Personal Medical Difficulty Of Officer-In-Charge, NCLT Mumbai Condones Delay Of 92 Days

Live Law  

The National Company Law Tribunal, Mumbai Bench, comprising of Shri Kuldip Kumar Kareer and Shri Anil Raj Chellan, has allowed the belated claim filed by Department of State Tax before the Liquidator, while holding the failure of Officer-in-Charge to file claim within time due to personal medical difficulty to be a 'sufficient cause' for condonation of delay. The Tax Department …

Corporate Tax Corporate Debtor Delay State Department Nclt
Explanation For Each Day Of Delay Not Required For Condonation Of Delay In Filing A Case: Bombay High Court
1 year, 1 month ago

Explanation For Each Day Of Delay Not Required For Condonation Of Delay In Filing A Case: Bombay High Court

Live Law  

Bombay High Court recently held that explanation for each day of delay is not required to condone the delay in filing a case when broad reasons sufficient as per SC guidelines are given in the delay condonation application. Justice Milind Jadhav upheld condonation of delay of over 5 years by a labour union in filing a complaint against BEST challenging …

Labor High Court Court Workers Union Case Delay
NCLT Mumbai: Mere Mention Of SARFAESI Proceeding Is Not “Sufficient Cause” For The Condonation Of Delay Under Section 5 Of Limitation Act, 1963
1 year, 1 month ago

NCLT Mumbai: Mere Mention Of SARFAESI Proceeding Is Not “Sufficient Cause” For The Condonation Of Delay Under Section 5 Of Limitation Act, 1963

Live Law  

The National Company Law Tribunal, Mumbai Bench, comprising of Justice Virendrasingh Bisht and Mr Prabhat Kumar has rejected an application filed under Section 5 Limitation Act, 1963 and disposed of a petition filed under Section 7 of the Insolvency and Bankruptcy Code, 2016. NCLT observed that the mere initiation of SARFESI Proceedings wasn't sufficient reason to condone delay in filing …

Mumbai Limitation Act Applicant Delay Tribunal Nclt Petition
Referring Court As "His" Is Borderline Contempt, Punjab & Haryana HC Advises Fresh Lawyer To Exercise Restraint In Drafting, Addressing Arguments
1 year, 1 month ago

Referring Court As "His" Is Borderline Contempt, Punjab & Haryana HC Advises Fresh Lawyer To Exercise Restraint In Drafting, Addressing Arguments

Live Law  

Calling it borderline "contemptuous", the Punjab & Haryana High Court expressed reservation on the pleadings of a lawyer who referred to an Appellate Court as "his" and contended that his application was rejected on "irrelevant ground. "While hearing a revision plea against the order which allowed condonation of delay of 12 days, the Court criticised the manner of drafting and …

Court Application Delay Petition 12 Days Sufficient Borderline Contempt
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, 2 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 …

High Court Court Bombay High Court Application Delay High Rule
Refusal To Condone Delay In ITR filing , Consideration After 20 Years, Allahabad High Court Quashes Order
1 year, 3 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 …

Applications Order Delay Department Filing 20 Years Itr
Supreme Court Dismisses Axis Bank's Appeal, Upholds Condonation of Delay In CIRP By SBI Against Corporate Debtor
1 year, 3 months ago

Supreme Court Dismisses Axis Bank's Appeal, Upholds Condonation of Delay In CIRP By SBI Against Corporate Debtor

Live Law  

The Supreme Court today dismissed an appeal by Axis Bank Limited, thereby affirming the condonation of delay in initiating the Corporate Insolvency Resolution Process by the State Bank of India against a corporate debtor under Section 7 of Insolvency and Bankruptcy Code, 2016. Notably, Axis Bank Limited, though not party to the original Section 7 application, filed an appeal challenging …

Law Supreme Court Corporate Court Corporate Debtor Limitation Delay
Making False Allegations Of Dowry Harassment Or Rape Against Husband’s Family Members Is An Act Of Extremely Cruelty: Delhi High Court
1 year, 3 months ago

Making False Allegations Of Dowry Harassment Or Rape Against Husband’s Family Members Is An Act Of Extremely Cruelty: Delhi High Court

Live Law  

The Delhi High Court has observed that making false allegations of dowry harassment or rape against the husband’s family members is an act of extreme cruelty for which there can be no condonation. A division bench of Justice Suresh Kumar Kait and Justice Neena Bansal Krishna upheld a family court order which held a husband as entitled to divorce from …

Family Relationship Marriage Court Family Court False Allegations Delhi High Court
Condonation Of Delay Is An Exception, Should Not Be Used As Per Convenience Of Government Departments: Delhi High Court
1 year, 4 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. …

Delhi Court Restoration Delhi High Court Application Delay Department