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Condonation of delay

Case BriefsForeign Courts

SA HC | ‘Plascon-Evans Rule’ could not resolve the disputed facts; application referred to trial

South Africa High Court, Free State Division, Bloemfontein: V.M. Morobane, AJ. referred the application to trial as the facts were not capable

Published on June 26, 2019July 18, 2019By Bhumika Indulia
Leave a comment5656 views
National Consumer Disputes Redressal Commission
Case BriefsTribunals/Commissions/Regulatory Bodies

NCDRC | Law of limitation has to be applied with all its rigor even though it may harshly affect a particular party

National Consumer Disputes Redressal Commission, New Delhi: C. Viswanath (Presiding Member) dismissed a revision petition as the petitioner was not able to

Published on June 24, 2019June 24, 2019By Bhumika Indulia
Leave a comment5858 views
NGT
Case BriefsTribunals/Commissions/Regulatory Bodies

NGT | Delay in filing an appeal can be condoned on supply of sufficient cause, once the events of intervening period are explained

National Green Tribunal (NGT), Delhi: A Coram of Justice Raghuvendra S. Rathore (Judicial Member) and Dr Satyawan Singh Garbyal (Expert Member) allowed

Published on June 15, 2019August 9, 2019By Bhumika Indulia
Leave a comment3642 views
Case BriefsHigh Courts

J&K HC | Unending period for launching remedy may lead to an unending uncertainty and consequential anarchy; application for condonation of delay rejected  

Jammu & Kashmir High Court: Sanjay Kumar Gupta, J. rejected an application for seeking condonation of delay in the filing review petition.

Published on May 30, 2019June 4, 2019By Bhumika Indulia
Leave a comment2431 views
Case BriefsHigh Courts

Bom HC | Time period fixed under Or. 8 R. 1 CPC is directory in nature; delay in filing written statement condoned

Bombay High Court at Goa: C.V. Bhadang, J., condoned a delay of 50 days in filing the written statement. As per facts

Published on March 16, 2019March 28, 2019By Bhumika Indulia
2 Comments3868 views
Case BriefsHigh Courts

Del HC | Court is not storage of petitions filed by negligent litigants: Not permitted to blame previous counsel after 21 years for not providing case record

‘Vigilantibus, non-dermientibus, jura subveniunt’ (the law helps those who are watchful and not those who are asleep) Delhi High Court: Vinod Goel, J.,

Published on February 22, 2019March 5, 2019By Bhumika Indulia
Leave a comment2797 views
Case BriefsHigh Courts

P&H HC | DRT has jurisdiction under S. 5 of Limitation Act to condone delay if application filed with Securitization Application

Punjab and Haryana High Court: This petition was filed before a Division Bench of Amit Rawal and Arun Kumar Tyagi, JJ. against

Published on January 21, 2019January 23, 2019By Bhumika Indulia
Leave a comment7514 views
Case BriefsHigh Courts

Decisive factor for condonation of delay is not length of delay but sufficient and satisfactory explanation

Gujarat High Court: A Single Judge Bench comprising of S.H. Vora, J. allowed the condonation of delay as the sufficient cause stands

Published on December 29, 2018January 2, 2019By Bhumika Indulia
Leave a comment10391 views
Case BriefsHigh Courts

Appeal filed along with application for condonation of delay when dismissed is a decree within Section 2(2) CPC

Orissa High Court: A Single Judge Bench of Dr A.K. Rath, J., dismissed a writ petition challenging the order passed by the

Published on December 21, 2018December 24, 2018By Bhumika Indulia
4 Comments11568 views
Case BriefsHigh Courts

Discretionary order for condonation of delay passed by quasi-judicial powers cannot be interfered with in writ jurisdiction

Jammu and Kashmir High Court: A Single Judge Bench comprising of Sanjeev Kumar, J., dismissed the current writ petition invoked for quashing

Published on December 18, 2018December 19, 2018By Bhumika Indulia
Leave a comment4459 views
Case BriefsHigh Courts

Increasing tendency of treating delay in filing as a non-serious matter: Need for a vigilant and cautious approach by the Courts

Himachal Pradesh High Court: A Single Judge Bench of Tarlok Singh Chauhan, J., dismissed a revision petition filed against the order of

Published on November 2, 2018November 5, 2018By Bhumika Indulia
Leave a comment3521 views
Case BriefsHigh Courts

Time consumed in party bona fidely litigating cause before wrong forum is to be considered for condonation of delay  

Bombay High Court: A Single Judge Bench comprising of A.M. Dhavale, J. allowed an appeal filed against the order of District Judge

Published on October 6, 2018October 12, 2018By Bhumika Indulia
Leave a comment5195 views
Case BriefsHigh Courts

Application seeking condonation of delay must meet the test of Section 5 of the Jammu & Kashmir Limitation Samvat, 1995 and satisfy the court with sufficient cause for delay

Jammu & Kashmir High Court: A Single Judge bench comprising of M.K. Hanjura, J. while dealing with an application for condonation of

Published on October 1, 2018October 4, 2018By Bhumika Indulia
Leave a comment4982 views
Case BriefsHigh Courts

Principles while considering petition for condonation of delay reiterated, lack of bona fides is ground for dismissal

Sikkim High Court: A Single Judge Bench comprising of Meenakshi Madan Rai, Acting CJ. dismissed a petition filed for condonation of 50

Published on September 25, 2018September 28, 2018By Bhumika Indulia
1 Comment8618 views
Case BriefsHigh Courts

Condonation of delay rejected due to ‘lackadaisical approach’ of the applicant

Sikkim High Court: A Single Judge Bench comprising of Meenakshi Madan Rai, Acting CJ. dismissed an application for condonation of 115 days’

Published on July 11, 2018By Bhumika Indulia
Leave a comment5419 views
Case BriefsHigh Courts

Period of delay is not the criteria while considering application under Section 5 of Limitation Act

Delhi High Court: A Division Bench comprising of G.S. Sistani and Sangita Dhingra Sehgal, JJ., refused to condone a delay of 65

Published on June 28, 2018July 6, 2018By Bhumika Indulia
Leave a comment9252 views
Case BriefsHigh Courts

Power under S. 5 of Limitation Act is not to be exercised in a mechanical manner

Himachal Pradesh High Court: A civil petition was decided by a Single Judge Bench comprising of Ajay Mohan Goel, J., wherein the

Published on March 19, 2018March 23, 2018By Saba
Leave a comment4182 views
Case BriefsHigh Courts

Application seeking condonation of delay and main proceeding cannot be clubbed together along with adduced evidence under Order 9 Rule 13 CPC

High Court of Jammu and Kashmir: The Bench of Alok Aradhe J. recently addressed a revision petition wherein the petitioner challenged the

Published on December 27, 2017By Saba
Leave a comment6877 views
Case BriefsSupreme Court

30 days limitation period under Section 30 of RDB Act can’t be condoned by Section 5 of Limitation Act

Supreme Court: Deciding the question as to whether Section 5 of the Limitation Act, 1963 can be invoked to condone the prescribed

Published on October 24, 2017October 26, 2017By Prachi Bhardwaj
Leave a comment7586 views
Case BriefsSupreme Court

If the delay is not condonable statutorily, it cannot be condoned taking recourse to Article 142 of the Constitution

Supreme Court: In an appeal preferred under Section 125 of the Electricity Act, 2003, the 3-Judge Bench of Dipak Misra, A.M. Khanwilkar

Published on March 9, 2017March 24, 2017By Prachi Bhardwaj
Leave a comment8049 views

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