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Articles for Condonation, search results for petition

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
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
'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
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
Failure To Properly Explain The Delay In Filing: NCDRC Dismisses The Revision Petition
1 year, 6 months ago

Failure To Properly Explain The Delay In Filing: NCDRC Dismisses The Revision Petition

Live Law  

The New Delhi bench of the National Consumer Disputes Redressal Commission, comprising Justice Deepa Sharma as the Presiding Member, emphasized that condonation of delay is not an inherent right but necessitates the person seeking it to present a valid explanation for each day of delay and establish a reasonable ground for not approaching the court within the prescribed limitation period. …

Consumer Appeal Court Delay Commission Filing Petition
Application For Condonation Of Delay Not Required When Victim Appeals Against Acquittal, Affidavit Explaining Delay Sufficient: Kerala High Court
1 year, 9 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 …

Appeal Court Victim Kerala High Court Order Delay Filed
NCDRC Reiterates That Condonation Of Delay Is Not A Right, Each Day Should Be Explained
1 year, 11 months ago

NCDRC Reiterates That Condonation Of Delay Is Not A Right, Each Day Should Be Explained

Live Law  

The National Consumer Dispute Redressal Commission bench comprising Mr. C. Vishwanath as the presiding member and Mr. Subhash Chandra as a member recently observed that the condonation of delay cannot be claimed as a matter of right and should be explained for every day of the delay. The bench observed this while dismissing a revision petition filed under Section 21 …

Party Delay State Commission Complainant Paid Every Day
Litigant Should Not Be Penalised For Advocate's Misconduct: Calcutta HC Condones 9 Yrs Delay In Filing Revision Plea, Imposes ₹10K Cost
2 years, 6 months ago

Litigant Should Not Be Penalised For Advocate's Misconduct: Calcutta HC Condones 9 Yrs Delay In Filing Revision Plea, Imposes ₹10K Cost

Live Law  

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 …

Court Delay Petitioner Advocate His Advocate
Limitation Period Cannot Be Extended On Equitable Grounds: Supreme Court
2 years, 9 months 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 …

Supreme Court Trial Court Trial Court Application Limitation Delay
Since SC Extended Limitation, No Need To File Application For Condonation Of Delay; NCLAT Delhi
2 years, 11 months ago

Since SC Extended Limitation, No Need To File Application For Condonation Of Delay; NCLAT Delhi

Live Law  

The Principal Bench of the NCLAT comprising of Justice Ashok Bhushan, Justice Jarat Kumar Jain and Dr. Alok Srivastava, in M/s. The Bench Considered Two Issues: Whether judgment and order of the Hon'ble Supreme Court passed in Suo Motu Writ Petition No. 3 of 2020 held that- "When the Hon'ble Supreme Court has granted extension of period of limitation, it …

Appeal Judgment Court Application Limitation Delay Tribunal