Condonation of delay Archives

Specific Relief| Supreme Court shows dismay over Trial Court & Telagana HC’s orders allowing “hopelessly delayed” application seeking extension of time filed after 853 days; sets aside order

The Supreme Court was unimpressed with the explanation given by the plaintiff for the delay of 853 days that he initially fell sick with Jaundice and was later confined to house with High Blood Pressure, Diabetes and other diseases. The petition had extension of time to deposit the balance sale consideration of Rs. 15,00,000/-.

Case Briefs Supreme Court

Section 149 CPC acts as an exception, or even a proviso to Section 4 of Court Fees Act ,1870; Supreme Court reiterates

Supreme Court reiterated that in terms of Section 4, an appeal cannot be filed before a High Court without court fee, if the same is prescribed. But this provision must be read along with Section 149 of CPC.

Case Briefs High Courts

Delay cannot be condoned under Payment of Gratuity Act by taking the aid of the provisions of Limitation Act: Kerala High Court

Kerala High Court perused Section 29(2) of the Limitation Act, 1963 and Section 7(7) of the Payment of Gratuity Act, 1972 and held that the authority under the Payment of Gratuity Act cannot condone the delay in filing an appeal by entertaining an application under Limitation Act.

Case Briefs High Courts

Absence of application to condone delay barred by limitation; Madras High Court quashes FIR against self-styled Godman Shiva Sankar Baba

Madras High Court: In a criminal original petition filed under Section 482 of the Code of Criminal Procedure (CrPC) for

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCLAT | Time taken for preparation of the certified copy of the order/judgment excluded for limitation under Section 61 of the Insolvency & Bankruptcy Code, 2016

National Company Law Appellate Tribunal: Dismissing a time-barred appeal, the Principal Bench of National Company Appellate Tribunal comprising of Ashok Bhushan, J.

Case Briefs Tribunals/Commissions/Regulatory Bodies

Whether the delay in filing complaints against unregistered sub-brokers, can be condoned? SEBI Special Court answers

Securities and Exchange Board of India (SEBI), Special Court, Maharashtra: In the instant case dealing with unregistered brokerage, Vishal Sadashivrao

Case Briefs High Courts

Whether S. 5 Limitation Act, 1963 apply to appeals under S. 18 of POSH Act, 2013? Delhi High Court answers

Delhi High Court: C Hari Shankar, J. opined that Section 5 of the Limitation Act, 1963 will apply in respect

Case Briefs High Courts

Whether right to claim maintenance under Domestic Violence Act and S. 125 CrPC are mutually exclusive? Del HC elaborates

Delhi High Court: Asha Menon, J., observed that, the right to claim maintenance under the Domestic Violence Act and those under Section

Case Briefs High Courts

A 138 NI complaint filed was barred by limitation but such issue was raised for the first time before the Appellate Court and not Trial Court; Read to know what Kar HC observed

Karnataka High Court: HP Sandesh J. dismissed the petition and upheld the judgment by the Appellate Court and further directed the complainant

Case Briefs High Courts

Law of Limitation| Exercise of power of discretion if made excessively, it would defeat the purpose and object of law of limitation; Courts not to travel beyond permissible extent

Madras High Court: Expressing that, Power of discretion is to be exercised to mitigate the injustice if any occurred to the litigants,

Case Briefs Supreme Court

Delay of 1011 days condoned by Andhra Pradesh HC! What a grave error, holds Supreme Court

Supreme Court: In a case where the Andhra Pradesh High Court had condoned a delay of 1011 days even though no sufficient

Case Briefs District Court

Condonation of Delay | Litigants who indulge in frivolous litigation, clog arteries of justice delivery system: Read Court’s opinion on vexatious litigation

Saket Courts, New Delhi: Anuj Agrawal, Additional Sessions Judge-05, while addressing the present matter, expressed that, A litigant who takes liberty with

National Consumer Disputes Redressal Commission

Case Briefs Tribunals/Commissions/Regulatory Bodies

Condonation of Delay: Is it a matter of right? NCDRC explains

National Consumer Disputes Redressal Commission (NCDRC): Expressing its opinion of ‘Condonation of Delay’, Coram of C. Viswanath (Presiding Member) and Justice Ram

Case Briefs Supreme Court

Supreme Court on preferring an appeal before NCLAT beyond a period of 30 days: Read the Law [Explained]

Supreme Court of India: The Bench of M.R. Shah and Aniruddha Bose, JJ., observed that, “Appellate Tribunal has jurisdiction or power to

Case Briefs Supreme Court

Aggrieved by an order refusing condonation of delay in filing application under section 34 of the Arbitration Act, 1996? Appeal lies, holds Supreme Court

“Undoubtedly, a limited right of appeal is given under section 37 of the Arbitration Act, 1996. But it is not the province or duty of this Court to further limit such right by excluding appeals which are in fact provided for, given the language of the provision.”

Case Briefs High Courts

Ker HC | [Eviction and Rent Control] Rent Control Court has power under S. 5 of Limitation Act to condone delay, if sufficient cause is shown; Petition allowed

Kerala High Court: A. Hariprasad J., while hearing a revision petition, set aside the order passed by the Rent Control Appellate Authority,

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCDRC | “Discontinue unfair trade practice of arbitrarily imposing additional cost of carry bags at payment counter”: Read NCDRC’s full discussion on Consumer Rights in Big Bazaar matter

National Consumer Disputes Redressal Commission (NCDRC): The Bench of Dinesh Singh (Presiding Member) observed that: “Consumer has the right to know, before