Pages

▼
Showing posts with label delay condonation. Show all posts
Showing posts with label delay condonation. Show all posts
Tuesday, 14 April 2026

Delay condonation -sub questions qua appeals and landmark old case and current position

›
  Delay condonation in appeals is governed mainly by Section 5 of the Limitation Act, 1963, under which an appeal may be admitted after th...
Friday, 15 August 2025

Supreme Court: The revisional court should apply liberal approach while considering the question of limitation in regard to the time barred criminal revision

›
The Supreme Court noted that the High Court should have exercised its discretion to condone the delay given the “facts and circumstances of ...
Friday, 27 December 2024

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

›
The application under Order 9 Rule 13 CPC itself had all the ingredients of the application for condonation of delay in making that applicat...
Monday, 26 February 2024

Supreme Court: Delay Occurred In Filing Criminal Appeal Against Acquittal Under S.378 CrPC Can Be Condoned Under Limitation Act

›
In the present case, there is no such exclusionary provision under Section 378 of CrPC, or at any other place in the Code. The benefit of Se...
Sunday, 10 February 2019

Whether delay in filing application U/S 34 of Arbitration can be condoned taking recourse to S 14 of limitation Act?

›
  Section 14 of the Limitation Act is a hard task master and it should not be set into operation very lightly and in a routine manner. I...
Sunday, 23 December 2018

Whether court can refuse to restore suit dismissed in default on ground that plaintiff can file fresh suit?

›
At the same point of time, this Court, after going through the provisions made under Order 9 Rule 4 of the Code of Civil Procedure and the...
Saturday, 22 December 2018

Whether court should consider merits of case while deciding application for condonation of delay/

›
Although, while dealing with the delay condonation matter, normally the court is not supposed to address the merit of the case, if the cir...
Tuesday, 20 November 2018

When court can condone delay in filing application U/S 34 of Arbitration Act?

›
  Considering the object of provisions of Section 34 of the Arbitration Act and in view of absence of conclusive material on record in res...
Thursday, 16 August 2018

Whether court should condone delay in filing of written statement even though defendant has failed to satisfactory explanation for delay?

›
 In such a situation, onus upon the Defendant is of a higher degree to plead and satisfactorily demonstrate a valid reason for not filing...
Saturday, 2 September 2017

A well-educated litigant is expected to be vigilant in pursuing a case filed by or against him

›
In these presents, the allegation of the appellant/defendant company is that their lawyer has stopped appearing after 10.11.2014 It is ...
Sunday, 22 May 2016

When delay in filing written statement should not be candoned?

›
In view of decision of the Salil Dutt's case as also after considering the explanation offered by defendant No.12, I do not find ...
Saturday, 26 March 2016

Leading case law in respect of condonation of delay

›
In P.K. Ramachandran v. State of Kerala & Anr., AIR 1998 SC 2276, the Apex Court while considering a case of condonation of delay ...
Thursday, 24 March 2016

Whether delay condonation application in appeal can be decided without hearing other side?

›
In the decision Paras Nath Keshari V. Dwarika Prasad Keshari & Others reported in 2009 (1) AIHC at page 642 and 643, wherein at para...
Sunday, 26 July 2015

Factors to be considered by court while considering application for delay condonation by public body

›
Again as stated in the case of Collector, Anantnag (AIR 1987 SC 1353) the power to condone delay has been conferred in order to enable the ...
Friday, 2 May 2014

Whether S 5 of limitation Act is applicable to Arbitration Appeal?

›
"Para 11. In my view Sec.34 of the Act itself prescribes the period of limitation for making an application for setting aside an arbit...