Tags : Act, Operation, Delay
International Cases
Strong prospects of success may trump an unsatisfactory explanation for the delay(09.06.2023)
The appeal revolved around an inter-dealership agreement between the applicant and respondent (plaintiff and defendant in the court a quo) for the pur.....
Tags : Provision, Compliance, Delay
Condonation applications are not a matter of formality, applicant must provide a proper explanation of the causes of the delay and explain each of the periods of delay(08.04.2024)
The Appellant was granted leave to appeal an order of the High Court. In terms of that order, the high court declared unlawful the Appellant’s demolit.....
Tags : Delay, Condonation, Entitlement
Delay itself constitutes a breach of claimant’s Convention rights and gives rise to a right to bring proceedings under Human Rights Act(06.03.2019)
The central issue in present appeal is whether the Court of Appeal in Northern Ireland was entitled to order that, a claim for damages under Section 8.....
Tags : Investigation, Delay, Damages, Entitlement
Top Story
Interest on delayed GST payment will now be calculated on net tax liability(15.02.2020)
The Central Board of Indirect Taxes and Customs (CBIC) released a statement clarifying that, interest payable on delayed payment of GST will be calcul.....
Tags : Tax liability, Interest, Delayed payment
CBDT empowers Chief Commissioners and Directors General of income tax to condone delay in ITR-filing by Co-Operative Societies(26.07.2023)
In order to mitigate genuine hardship, Central Board of Direct Taxes directs that the Chief Commissionersof Income tax (CCIT) / Directors General of i.....
Tags : Delay, Condonation, Authority
News
Calcutta HC: Delay in Lodging FIR in Rape Cases Not to Vitiate Prosecution Case(03.02.2022)
Calcutta High Court has observed that there is existing social stigma associated with the offence of rape and accordingly held that a delay in lodging.....
Tags : Calcutta High Court, Delay in Lodging FIR in Rape Cases
Kerala HC: Delay in Filing Application Only Fatal if Allows for an Unfair Benefit(07.02.2022)
Kerala High Court has ruled that a delay in filing an application only becomes fatal if by allowing such application, the applicant obtains an unfair .....
Tags : Kerala High Court, Delay in Filing Application
Govt. Extends Condonation of Delay Scheme, 2018 Upto 30th April(31.03.2018)
Ministry of Corporate Affairs has extended the Condonation of Delay Scheme (CODS) 2018 upto 30th April, 2018. The MCA has introduced this scheme givin.....
Tags : Ministry of Corporate Affairs, Condonation of Delay Scheme
ITAT, Cochin: Financial Crisis and Labour Unrest Sufficient Reasons to Condone Delay in Filing Appeal(18.02.2020)
Income Tax Appellate Tribunal (ITAT), Cochin has held that the reasons such as financial crisis and labour unrest are enough grounds for condoning the.....
Tags : Income Tax Appellate Tribunal, Condone Delay in Filing Appeal
ITAT, Ahmedabad Imposes Penalty on Assessee for Delay in Filing Appeal and Non-Appearance(18.02.2020)
Income Tax Appellate Tribunal (ITAT), Ahmedabad has imposed a penalty of Rs. 5000 on an Assessee on the grounds of a delay of 358 days in filing an ap.....
Tags : Income Tax Appellate Tribunal, Penalty on Assessee for Delay in Filing Appeal
Karnataka High Court Condones Delay Of 6 Years In Filing Revised ITR(08.03.2022)
Karnataka High Court while condoning the delay of 6 years in filing revised ITR has observed that AO can't take advantage of Assessee's ignorance to c.....
Tags : Karnataka High Court , Condonation of Delay
CESTAT, Delhi: Delay in Filing Appeal Due to Drafting and Calculation Error can be Condoned(29.03.2022)
Customs, Excise, and Service Tax Appellate Tribunal, Delhi, has stated that the delay of two days in filing due to delay in drafting the appeal and ca.....
Tags : Customs, Excise, and Service Tax Appellate Tribunal, Delay, Condoned, Calculation Error
Telangana HC: Delay of 435 Days in Filing Appeal is Too Long to Exercise Discretion(27.06.2022)
Telangana High Court while dismissing an appeal filed after a long delay of 435 days, has held that having regards to the object of the Arbitration an.....
Tags : Telangana High Court, Arbitration and Conciliation Act, Delay
ITAT Condones Delay of 931 Days in Filing Appeal(28.06.2022)
Income Tax Appellate Tribunal (ITAT), Pune Bench while condoning delay of 931 days in filing appeal by the assessee, has held that the delay was due t.....
Tags : ITAT, Delay, Appeal
SC: Considerable Unexplained Delay by Drug Authorities Can Render Proceedings Void(11.08.2020)
Supreme Court has observed that considerable unexplained delay on the part of Drug authorities to test a sample can render any penalty under Drugs and.....
Tags : Supreme Court, Unexplained Delay by Drug Authorities
P&H HC: Courts Must Be Cautious While Exercising Discretion to Condone Delay in Filing WS(23.05.2022)
Punjab and Haryana High Court has held that the provisions of Order 8 Rule 1 of the CPC are directory in nature, however, the Courts must exercise the.....
Tags : Punjab and Haryana High Court, CPC, Written Statement, Condone Delay
NCDRC: For Flat Delay You Can Seek Higher Damage than Offered in Contract(15.10.2018)
National Consumer Disputes Redressal Commission has observed that buyer has the option to seek higher compensation than what is stipulated in the con.....
Tags : NCDRC, Flat delay
SC: Flat Buyers Entitled to Compensation for Gross Delay by Builders in Handing Over Possession(25.08.2020)
Supreme Court has observed that failure of the developer to comply with the contractual obligation to provide the flat to a flat purchaser within a co.....
Tags : Supreme Court, Compensation for Gross Delay
Orissa HC Orders Compassionate Appointment After 7 Years Delay(01.06.2022)
Orissa High Court while ordering compassionate appointment, after a delay of 7 years , has held that it is highly improper to keep such cases pending .....
Tags : Orissa High Court, Compassionate Appointment, Delay
Tripura HC: Court Must Hear Accused Before Condoning Delay in Filing Complaint U/S 138 of NI Act(08.06.2022)
Tripura High Court has held that a court is required to issue notice to the accused and hear him before condoning the delay in filing a complaint unde.....
Tags : Tripura High Court, Negotiable Instrument, Condoning Delay
Calcutta HC Suggests Changes in CBI Circular to Curb 'Inordinate Delay'(10.06.2022)
Calcutta High Court has suggested CBI to issue circular empowering the Additional Solicitor General and the Public Prosecutor to give opinion to the D.....
Tags : Calcutta High Court, CBI, Delay
'Shocked' By 20-Year Delay, Supreme Court Transfers Murder Trial from UP to Delhi(24.09.2018)
Supreme Court has transferred the case from UP to Delhi, which has seen 55 adjournments so far, on a plea made by the victim's family, which submitted.....
Tags : Supreme Court, Transfer, Delay
ITAT: No Disallowance of PF/ESI Contributions on Account of Delay in Deposit(20.05.2022)
Income Tax Appellate Tribunal ( ITAT ), Delhi Bench has held that no disallowance of provident fund and Employees State Insurance contributions on acc.....
Tags : Income Tax Appellate Tribunal, Disallowance, Provident Fund, Delay in Deposit
Kerala HC: Courts Shall Consider Relevant Aspects Like Conduct, Bonafide etc While Condoning Delay(06.05.2022)
Kerala High Court has recognized that while taking a decision on an application for condonation of delay, the court should not simply consider the rea.....
Tags : Kerala High Court, condonation of delay
J&K HC Pulls Up Investigating Agencies for Delay in Action in Serious Cases(23.10.2020)
Jammu and Kashmir High Court has pulled up the investigating agencies in the Union Territory for "sleeping over" criminal cases registered years ago, .....
Tags : Jammu and Kashmir High Court, Delay in Action in Serious Cases
Karnataka HC Seeks Clarification on Delay in Investigations Under SC/ST Act(17.09.2020)
Karnataka High Court has sought a clarification from the State Government on why there has been delay in investigating and filing of charge sheet in o.....
Tags : Karnataka High Court, Delay in Investigations
J&K&L HC: Parties Cannot Approach Court Under Section 482 CrPC With Inordinate Delay(06.07.2022)
Jammu and Kashmir and Ladakh High Court has held that a party cannot approach the High Court under Section 482 of the Code of Criminal Procedure (CrPC.....
Tags : Jammu and Kashmir and Ladakh High Court, Limitation, Inordinate Delay
SC: Mere Offer of Refund Does Not Disentitle Flat Buyers from Claiming Compensation(22.12.2020)
Supreme Court has observed that the flat purchasers are not disentitled from claiming compensation merely because the developer offered an exit option.....
Tags : Supreme Court, Compensation for Delayed Possession
SC Calls Upon Allahabad HC Registrar General to Explain Inordinate Delay in Uploading Judgment(03.11.2020)
Supreme Court has called upon the Registrar General of Allahabad High Court to explain the reason for inordinate delay in uploading a judgment on the .....
Tags : Supreme Court, Delay in Uploading Judgment
Delay in Getting Signature of MD of Company, Sufficient Cause for Condonation of Delay: ITAT(26.11.2018)
Income Tax Appellate Tribunal ( ITAT ), Hyderabad, while condoning a delay of 92 days in filing Cross Objection filed by a Company, held that there wa.....
Tags : ITAT, Signature of MD, Condonation of Delay
Long Delay in Registration of FIR can be Condoned if There is No Motive for False Implication: SC(28.11.2018)
Supreme Court has observed that even a long delay in registration of First Information Report (FIR) can be condoned if the witness has no motive for f.....
Tags : Supreme Court, Registration of FIR, Condonation of Delay
CESTAT, Delhi: No Service Tax Applicable on Additional Interest Recovered from Customers(14.12.2020)
Customs, Excise, Service Tax Appellate Tribunal (CESTAT), Delhi has held that service tax is not applicable on additional interest recovered from cust.....
Tags : Customs, Excise, Service Tax Appellate Tribunal, Additional Interest Against Delayed Payment
Madras HC: Delay in Establishing NCLAT Bench May Amount to Contempt of SC’s Direction(15.12.2020)
Madras High Court has observed that the delay in establishing a Bench of National Company Law Appellate Tribunal in Chennai may amount to contempt of .....
Tags : Madras High Court, Delay in Establishing NCLAT Bench
Kar. HC: Delay in Considering Representation Against Detention Order a Ground to Nullify it(22.09.2022)
Karnataka High Court has held that delayed consideration by authorities of the representation made by a detenu amounts to violation of Article 22(5) o.....
Tags : Karnataka High Court, Detention, Delay
Builders can't Give Excuse of Approvals and Delay Flats: NCDRC(14.12.2018)
National Consumer Disputes Redressal Commission has ordered that a builder can't hide behind the excuses of not getting approvals from authorities, hu.....
Tags : NCDRC, Flat delay
Madras HC: Delay in Producing Accused Before Court Would Violate Liberty Under Art. 21(11.01.2021)
Madras High Court has observed that the delay in producing the accused person before the Court after a formal arrest through a Prisoner on Transit war.....
Tags : Madras High Court, Delay in Producing Accused
SC: Preventive Detention Will Be Vitiated by Unexplained Delay in Passing Order(03.10.2022)
Supreme Court has held that unreasonable and unexplained delay in passing the order of detention from the date of the proposal can vitiate the detenti.....
Tags : Supreme Court, Preventive Detention, Delay
SC: Long Delay in FIR Can be Valid Consideration for Grant of Anticipatory Bail(04.12.2020)
Supreme Court has observed that a long delay in lodging First Information Report can be a valid consideration for grant of anticipatory bail.
Tags : Supreme Court, Grant of Anticipatory Bail, Delay in FIR.
Kerala HC: Rent Control Court Has Power to Condone Delay Under Section 5 of Limitation Act(07.12.2020)
Kerala High Court has held that a Rent Control Court has the power to condone delay under Section 5 of the Limitation Act, 1963.
Tags : Kerala High Court, Power to Condone Delay
Delhi HC: Delay in Filing Appeal Under POSH Act Can be Condoned U/S 5 of Limitation Act(26.07.2022)
Delhi High Court has held that under Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (POSH Act), victim's de.....
Tags : Delhi High Court, POSH, Delay
ITAT: Delay Due to Daughter’s Serious Medical Condition is Reasonable Cause(02.08.2022)
Income Tax Appellate Tribunal (ITAT), Delhi Bench while condoning delay in filing appeal, has held that delay in filing the appeal due to his daughter.....
Tags : ITAT, Medical Condition, Condoning Delay
ITAT: Illness of MD of Company Not Sufficient Cause for Condoning Delay(04.08.2022)
Income Tax Appellate Tribunal (ITAT), Allahabad Bench has held that illness of Managing Director of company not sufficient cause for condoning delay o.....
Tags : ITAT, Condoning Delay, Managing Director
SC: Delay in Filing CIRP Application Can be Condoned on Giving Sufficient Reasons(05.01.2023)
Supreme Court while observing that Limitation Act, 1963 is applicable to applications filed under Sections 7 and 9 of IBC, has held that delay in init.....
Tags : Supreme Court, CIRP, Delay, Condone
Cal. HC Grants Bail to UAPA Accused in Custody Since Three Years(13.01.2023)
Calcutta High Court while granting bail to an accused in a case registered under Unlawful Activities (Prevention) Act (UAPA), has observed that there .....
Tags : Calcutta High Court, UAPA, Bail, Delay
Kerala High Court: Delay No Sole Ground to Quash Disciplinary Proceedings(31.05.2019)
Kerala High Court has refused to quash the disciplinary proceedings initiated against an Income Tax officer for allegedly leaking the identity of an i.....
Tags : Kerala High Court, Delay
ITAT, Bangalore: Shortage of Manpower on Account of Merger Sufficient for Condonation of Delay(24.03.2021)
Income Tax Appellate Tribunal, Bangalore has stated that shortage of manpower and lack of guidance/expertise in taxation, on account of merger of Stat.....
Tags : Income Tax Appellate Tribunal, Condonation of Delay
SC: Being Short of Funds to Pay Court Fee Not Sufficient Reason to Condone Delay to File Appeal(01.02.2023)
Supreme Court has held that being short of sufficient funds to pay court fee is not a reason to condone delay in filing appeal, and observed that appe.....
Tags : Supreme Court, Court Fee, Condone Delay, Appeal
Delhi HC: Frivolous Litigations Can be Put to End At Any Stage(28.10.2022)
Delhi High Court while observing that judiciary is grappling with huge pendency due to frivolous litigations has held that an attempt must be made by .....
Tags : Delhi High Court, Frivolous Litigations, delay
Air India to Pay Rs 2 lakh to Couple for Delay in Flight: NCDRC(12.04.2019)
National Consumer Disputes Redressal Commission (NCDRC) has directed airlines to pay amount, along with interest, to West Bengal-resident for not ac.....
Tags : NCDRC, Delay in Flight
Air India to Pay Rs. 2 Lakh to Couple for Delay in Flight: NCDRC(12.04.2019)
National Consumer Disputes Redressal Commission (NCDRC) has directed airlines to pay Rs. 2 lakh, along with interest, to West Bengal-resident for not .....
Tags : NCDRC, Delay in Flight
Kerala HC Refuses Relief to Electricity Board Employees for Delay in Arranging Connection(17.03.2021)
Kerala High Court has refused to give relief to two Kerala State Electricity Board employees who were found to have delayed on arranging an electricit.....
Tags : Kerala High Court, Delay in Arranging Electricity Connection
SC: Delay in Filing Appeals Beyond 90, 60 or 30 Days Can be Condoned(22.03.2021)
Supreme Court has overruled its 2019 verdict in the case M/s NV International vs State of Assam which had strictly held that a delay of more than 120 .....
Tags : Supreme Court, Delay in Filing Appeals
Bombay High Court: Police Department Responsible for Delayed Trials(27.02.2017)
Bombay High Court has observed that trials were being delayed because of police department, who do not produce accused persons before Court, hampering.....
Tags : Bombay High Court, Delayed Trials
SC: Unexplained Inordinate Delay Can be a Crucial Factor for Quashing Criminal Complaint(19.12.2022)
Supreme Court while observing that law is meant to exist as a shield to protect the innocent, rather than it being used as a sword to threaten them, h.....
Tags : Supreme Court, Inordinate Delay, Criminal Complaint, Quashing
Patna HC Seeks Verfied Data on Reason of Delay and Pendency of Cases(13.02.2023)
Patna High Court while observing that data regarding delay in cases presented by petitioner is alarming, has directed Member Secretary, BSLSA to seek .....
Tags : Patna High Court, Delay, Data
SC: Delay In Filing The Complaint Can Be Condoned If Sufficient Cause Is Shown In The Complaint(15.05.2019)
Supreme Court has observed that cognizance of a complaint filed under Section 138 of the Negotiable Instrument Act can be taken by the Court even afte.....
Tags : SC, Delay
Ker. HC: Affidavit Explaining Delay Sufficient When Victim Appeals Against Acquittal(23.03.2023)
Kerala High Court has held that a delay condonation petition is not required to be filed by a victim who prefers an appeal against acquittal even afte.....
Tags : Kerala High Court, Appeal, Acquittal, Condonation, Delay
ITAT: Mistake Committed by Advocate is Reasonable Cause for Condonation of Delay(10.05.2019)
Income Tax Appellate Tribunal (ITAT) has held that the mistake committed by Advocate is a reasonable cause for condonation of delay in filing appeals.
Tags : Income Tax Appellate Tribunal, condonation of delay
Consumer Forum Compensates 3 Commuters for Delay of Train(09.04.2021)
District Consumer Disputes Redressal Forum, Thrissur has allowed three railway commuters compensation after their train from Wadakkanchery to Payyanur.....
Tags : District Consumer Disputes Redressal Forum, Delay of Train
FIR Delay May be Condoned if Complainant Appears to be Reliable and Without Motive: SC(02.04.2019)
Supreme Court has reiterated that the delay in lodging FIR can be condoned if the complainant appears to be reliable and without any motive for implic.....
Tags : Supreme Court, Delay in Filing FIR
JKL HC: Creation of Special Authority No Reason to Condone Delay(06.03.2023)
Jammu and Kashmir and Ladakh High Court has observed that creation of an Authority under special legislation cannot be a reason to condone delay and i.....
Tags : Jammu and Kashmir and Ladakh High Court, Special Authority, Delay
Raj HC: Very Thin Line B/W Disposal Without Delay and Over-Zealousness in Dispensation of Justice(02.05.2023)
Rajasthan High Court while setting aside POCSO case on ground that undue haste was shown by trail judge, has held that it is very easy to crossover th.....
Tags : Rajasthan High Court, POCSO, Delay, Justice
SC: Decide Mercy Petitions at Earliest to Disallow Convicts in Taking Advantage of Delay(17.04.2023)
Supreme Court has directed all State Governments to ensure that mercy petitions in death penalty cases are decided and disposed of at the earliest so .....
Tags : Supreme Court, Mercy Petitions, Benefit, Disadvantage, Inordinate Delay
Gau HC: Can’t Condone Delay in Filing Petition U/S 34 A&C Act Beyond 120 Days(17.04.2023)
Gauhati High Court has held that Court cannot condone delay in the filing of the petition under Section 34 of the Arbitration & Conciliation Act beyon.....
Tags : Gauhati High Court, Period of Limitation, Condone Delay, Arbitration
Karnataka HC: Any Unreasoned Delay to Consider Appointment Would Make Authority Personally Liable(20.07.2021)
Karnataka High Court has held that any unreasoned or unjustifiable delay on the part of the Authority to consider an application for appointment on co.....
Tags : Karnataka High Court, Any Unreasoned Delay to Consider Appointment
Kerala HC Seeks Response on Delay in Reconstruction of Nooradi Bridge(29.07.2021)
Kerala High Court has directed the Secretaries of the Public Works Department (PWD) and the Local Self-Government Department (LSGD) to appear in perso.....
Tags : Kerala High Court, Delay in Reconstruction of Nooradi Bridge
Ker HC: Unreasonable Delay by Detaining Authority in Seeking Additional Particulars Infringes FR(06.07.2023)
Kerala High Court has held that unreasonable delay on the part of the detaining authority in seeking additional particulars from the sponsoring author.....
Tags : Kerala High Court, Unreasonable Delay, Preventive Detention
Calcutta HC Takes Suo Moto Cognizance of Delayed Investigation in Criminal Cases(10.06.2021)
Calcutta High Court has taken suo moto cognizance regarding Delayed Investigation in Criminal Cases. The Court has noted that as per the information r.....
Tags : Calcutta High Court, Delayed Investigation in Criminal Cases
Del. HC: Arbitral Award Passed After Inordinate/Unexplained Delay is Contrary to Justice(22.05.2023)
Delhi High Court has held that an arbitral award passed after an inordinate, substantial and unexplained delay is contrary to justice and in conflict .....
Tags : Delhi High Court, Arbitral Award, Unexplained Delay, Justice
Madras HC Directs to Establish Portal to Track Delay in Considering Representation of Detenues(07.07.2021)
Madras High Court has directed the State of Tamil Nadu to establish a dedicated web portal and use technologies such as e-mail, fax or WhatsApp to tra.....
Tags : Madras High Court, Delay in Considering Representation of Detenues
AP HC: Can’t Stay Time Barred Appeal Under MV Act Without Deciding Appln for Condonation of Delay(10.07.2023)
Andhra Pradesh High Court has held that in a time barred appeal under Section 173 of Motor Vehicles Act, so long as the matter for condonation of dela.....
Tags : Andhra Pradesh High Court, Condonation of Delay, Motor Vehicle
Bombay HC: Delay in Filing Appeal under NIA Act can be Condoned(15.09.2023)
Bombay High Court has held that Appellate Courts have the power to condone delay beyond the 90 days period, despite language of the 2nd proviso to Sec.....
Tags : Bombay High Court, NIA Act, Delay, Condone
Delhi HC: Written Statement Filed After 30 days of Service of Summons to State Reasons for Delay(18.08.2021)
Delhi High Court has passed an order holding that a written statement filed after 30 days of service of summons but before the expiry of further 90 da.....
Tags : Delhi High Court, Reasons for Delay
Allahabad HC Imposes Cost on State for Delaying Payment of Post-Death Dues of Employee(24.01.2020)
Allahabad High Court has imposed costs on State authorities for delaying the payment of post-death dues of an employee, for over 24 years.
Tags : Allahabad High Court, Cost on State for Delaying Payment of Post- Death Dues
Supreme Court: Delay in Notifying Insurer About Car Theft, No Grounds to Deny Claim(27.01.2020)
Supreme Court has said that mere delay in intimating the Insurance Company about the theft of a vehicle should not be a ground to deny insurance claim.....
Tags : Supreme Court, Insurance Claim on Car Theft, Delay in Notifying Insurer
SC: Debts Recovery Tribunal Has No Power to Condone Delay in Filing Review Application(27.01.2020)
Supreme Court has held that the Debts Recovery Tribunal has no power to condone the delay in filing application for review under the Recovery of Debts.....
Tags : Supreme Court, Debt Recovery Tribunal's Power to Condone Delay, Review Application
Del HC Rejects Plea to Condone Delay in Filing Appeal Against Acquittal in 1984 Anti-Sikh Riots Case(16.08.2023)
Delhi High Court has rejected plea condone the delay in filing of an appeal by prosecution against the acquittal of various accused in 1984 Anti-Sikh .....
Tags : Delhi High Court, Condone Delay, Anti-Sikh Riots Case
Delhi High Court: Unexplained Delay in Initiating Inquiry Vitiates Disciplinary Proceedings(14.08.2019)
Delhi High Court has granted relief to a government servant who was held liable for misconduct through disciplinary proceedings that took place 15 yea.....
Tags : Delhi High Court, Delay
Kerala HC Issues Contempt Notice Over Delay in Appointment of KAT Chairman(10.08.2021)
Kerala High Court has issued contempt notice to the Secretaries of the Central Government for its failure to appoint a Chairman for the Kerala Adminis.....
Tags : Kerala High Court, Delay in Appointment of KAT Chairman
Delhi HC: No Litigant Can Assume as Matter of Right Court’s Power to Condone Delay(16.08.2021)
Delhi High Court has observed that no litigant can assume, as a matter of right, the Court's power to condone delay and that the rights accruing to op.....
Tags : Delhi High Court, Court’s Power to Condone Delay
Supreme Court: HC while Exercising Revisional Jurisdiction can Condone Delay(07.11.2019)
Supreme Court has held that the provisions of Section 5 of the Limitation Act, 1963 are applicable on High Court while exercising revisional power sin.....
Tags : Supreme Court, Condone Delay
SC: Resignation Once Accepted Can't Be Withdrawn Citing Mere Delay in Relieving Employee(28.09.2021)
Supreme Court has observed that mere delay in relieving an employee from his duties does not impact the acceptance of his resignation. The Court rejec.....
Tags : Supreme Court, Delay in Relieving Employee
Calcutta HC: Application U/s 156(3) Cr.PC Cannot Be Dismissed Merely On the Ground Of Delay(04.10.2021)
Calcutta High Court has observed that a magistrate cannot dismiss an application filed under Section 156(3) of Criminal Procedure Code (Cr.PC) merely .....
Tags : Calcutta High Court, Delay
SC: NCLAT Has No Jurisdiction to Condone Delay Exceeding 15 Days From Period Of 30 Days(15.09.2021)
Supreme Court observed that the National Company Law Appellate Tribunal (NCLAT) has no jurisdiction to condone the delay exceeding 15 days from the pe.....
Tags : Supreme Court, National Company Law Appellate Tribunal, Condonation of Delay
SC: Order Extending Limitation Period During Covid Apply to Period up to Which Delay Can be Condoned(05.10.2023)
Supreme Court has held that orders passed by the Supreme Court in 'In Re: Cognizance for Extension of Limitation', extending the period of limitation .....
Tags : Supreme Court, Limitation Period, Delay, Condone
Ker. HC: Legal Advice After Expiry of Limitation Period Not a Ground to Condone Delay(05.10.2023)
Kerala High Court has held that subsequent legal advice cannot be accepted as a cause to condone the delay in instituting proceedings in terms of Sect.....
Tags : Kerala High Court, Limitation Period, Condone Delay
JH HC: Delay in Filing FIR in Rape Cases Not Fatal, if Proper Explanation Given(09.10.2023)
Jharkhand High Court has held that in case of a rape wherein dignity and prestige of family is at stake, the time is also taken in deciding whether to.....
Tags : Jharkhand High Court, Rape Cases, Delay, FIR
SC: Court Must Take Liberal and Justice Oriented Approach Regarding Delay in Appeals Filed by State(10.10.2023)
Supreme Court has observed that if the appeals filed by the State are lost for individual default, those who are at fault, will not usually be individ.....
Tags : Supreme Court, Appeal, State, Delay
Del. HC: Objections in Contested Testamentary Petition Shouldn’t be Rejected on Technical Ground(07.12.2023)
Delhi High Court has held that while dealing with a testamentary petition, the endeavour of the Court should be not to reject the objections on techni.....
Tags : Delhi High Court, Testamentary Petition, Inordinate Delay
Del. HC: Objections in Contested Testamentary Petition Shouldn’t be Rejected on Technical Ground(07.12.2023)
Delhi High Court has held that while dealing with a testamentary petition, the endeavor of the Court should be not to reject the objections on technic.....
Tags : Delhi High Court, Testamentary Petition, Inordinate Delay
SC: If Delay in Filing FIR is not Properly Explained, It Could be Fatal to the Prosecution(14.12.2023)
Supreme Court has held that if the delay in filing FIR is not satisfactorily explained and it appears that cause for delay had been necessitated to fr.....
Tags : Supreme Court, Delay, FIR
SC: Court Must Consider Bail of Accused if Trial is Delayed for No Fault to Accused(31.10.2023)
Supreme Court while listing out factors to be considered for grant of bail, has observed that when the trial is not proceeding for reasons not attribu.....
Tags : Supreme Court, Bail, Trail, Delay
Delhi HC Questions Delay in Investigating Incident of Forcing Man to Sing National Anthem(12.01.2022)
Delhi High Court has questioned the delay in investigating an incident where a man, 23 year old Faizan, was forced to sing the national anthem during .....
Tags : Delhi High Court, Delay in Investigating Incident
Calcutta HC: Granting Bail to Accused Due to Delayed Filing of Chargesheet, Matter of Concern(19.05.2020)
Calcutta High Court has expressed that the failure in recording judicial statements under Section 164 of the Code of Criminal Procedure, 1973 on accou.....
Tags : Calcutta High Court, Delayed Filing of Chargesheet
ITAT, Mumbai: Interest on Delay in Payment of Advancements Charged Only on Returned Income(27.01.2022)
Income Tax Appellate Tribunal (ITAT), Mumbai has held that the interest on delay in payment of advancements shall be charged only on the returned inco.....
Tags : Income Tax Appellate Tribunal, Interest on Delay in Payment of Advancements
SC: Mere Delay in Intimating Insurance Company of Occurrence of Theft Not Grounds to Deny Claim(20.09.2021)
Supreme Court has observed that mere delay in intimating the insurance company about the occurrence of the theft cannot be a ground to deny the insura.....
Tags : Supreme Court, Delay in Intimating Insurance Company
Supreme Court: Routine Explanation not Sufficient for Condonation of Delay(24.12.2019)
Supreme Court has noted that in condonation of delay, routine explanation is not sufficient, but a reasonable and acceptable explanation is very much .....
Tags : Supreme Court, Condonation of Delay
All. HC: Commercial Tax Tribunal’s Order Upheld, Court Condones 1365 Days Delay on Sufficient Cause(29.01.2024)
Allahabad High Court while upholding the condonation of delay of 1365 days by the Commercial Tax Tribunal in filing of appeal has held that it is the .....
Tags : Allahabad High Court, Commercial Tax Tribunal, Condonation of Delay
Ker. HC: S.5 of Limitation Act Not Applicable to Condone Delay in Filing Plea u/s 34 of A&C Act(22.12.2023)
Kerala High Court has held that Section 5 of the Limitation Act has no application to condone delay in filing a petition for setting aside an arbitral.....
Tags : Kerala High Court, Limitation Act, Condone, Delay, Arbitration
Bombay HC Denies to Condone Delay of Eight Years(24.08.2016)
Bombay HC, while rejecting petition filed by husband, seeking condonation of delay of 8 years in challenging a maintenance order passed by Bandra fami.....
Tags : Bombay HC , condonation of delay
Supreme Court Sets Aside HC Order Condoning Delay of 1011 Days in Filing Second Appeal(21.12.2021)
Supreme Court has set aside a High Court's order condoning a huge delay of 1011 days in preferring a second appeal in a case where no sufficient or sa.....
Tags : Supreme Court, Delay of 1011 Days in Filing Second Appeal
ITAT, Pune: Income Tax Act, 1961 Has No Provisions to Condone Delay in Filing Misc. Applications(25.03.2020)
Income Tax Appellate Tribunal (ITAT), Pune, while dismissing a bunch of miscellaneous applications, has held that the Income Tax Act, 1961 does not ha.....
Tags : Income Tax Appellate Tribunal, Condonation of Delay in Filing Miscellaneous Applications.
SC: Any Delay in Payment of EPF Contribution is Sine Qua Non from Imposition of Levy of Damages(24.02.2022)
Supreme Court has observed that any default or delay in the payment of EPF contribution by the employer is a sine qua non for imposition of levy of da.....
Tags : Supreme Court, Delay in Payment of EPF Contribution
Supreme Court: Union’s Plea to Condone Delay of Twelve Years Refused(05.04.2024)
SC stated that once it is held that a party has lost its right to have the matter considered on merits because of its own inaction for a long period, .....
Tags : Supreme Court, Delay, Union
Chhattisgarh High Court Denies Plea for Delayed Filing of GST TRAN-1(25.02.2020)
Chhattisgarh High Court has denied pleas for delayed filing of form GST TRAN-1, ruling that the writ benefit cannot be extended to such indolent perso.....
Tags : Chhattisgarh High Court, Delayed Filing of GST TRAN-1
Madras HC: Reasonable Delay in Communication of Order Not Non-Compliance(08.02.2022)
Madras High Court has held that a reasonable delay in communication of the order will not be counted as non-compliance of the limitation prescribed un.....
Tags : Madras High Court, Reasonable Delay in Communication of Order
Gauhati HC Dismisses Appeal Against Order of Trial Court to Condone Delay in Arbitration Appeal(09.02.2022)
Gauhati High Court has dismissed an appeal filed by the Union of India against an order of the trial Court refusing to condone the delay in filing an .....
Tags : Gauhati High Court, Condone Delay in Arbitration Appeal
Supreme Court: No Bar on Granting Bail Under Section 45 PMLA if There is Delay in Trial(20.03.2024)
Supreme Court has held that there is no bar on granting bail under Section 45 of the Prevention of Money Laundering Act, 2002 (PMLA) if there is a lon.....
Tags : Supreme Court, S. 45 of PMLA, Delay, Bail
SC: Mere Delay in Forwarding FIR to Magistrate is Not a Ground to Acquit Accused(27.05.2020)
Supreme Court has stated that the delay in sending the First Information Report to the Magistrate in compliance of Section 157 of the Code of Criminal.....
Tags : Supreme Court, Delay in Forwarding FIR to Magistrate
Principles of Condonation of Delay Explained by Supreme Court(10.04.2024)
SC has laid down certain principles of condonation of delay which include that merits of the case are not required to be considered in condoning the d.....
Tags : Supreme Court, Condonation of Delay, Principles
SC: Writ Petitions Should be Dismissed by HCs if Petitioner Guilty of Delay or Laches(22.04.2024)
SC has held that High Court in its power under Article 226 of the Constitution of India may refuse to invoke its extraordinary powers if laxity on par.....
Tags : Supreme Court, A. 226 of COI, Delay
Judgments
Cancelling allotment for non-payment of installments towards delayed construction constitutes unfair trade practice(03.08.2015)
In a case where the Complainant stopped depositing installments towards a flat for failure to complete construction within the stipulated time, the Tr.....
Tags : Delayed construction, installment, cancellation
Delay in formal confirmation does not result in crucial evidence being disregarded(19.08.2015)
Where the trial court had excluded casette tapes of voice recordings of kidnappers for not having been authorised by the appropriate authority, the Hi.....
Tags : Criminal, phone tap, authorisation, delay
High Court dispenses with delayed FIR and lack of corroborating evidence in accepting statement of prosecutrix(19.08.2015)
In a case where the underage Prosecutrix was kidnapped by the Appellants and subjected to rape by several persons, the High Court upheld the convictio.....
Tags : Criminal, rape, prostitution, delay, fir
Petition against admission procedure? Sooner better than later(03.06.2016)
Under its then existing reservation policy, the University accepted persons with a caste certificate from outside Delhi to also be considered OBC cand.....
Tags : admission, reservation, delay, obc
Petition against admission procedure? Sooner better than later(03.06.2016)
Under its then existing reservation policy, the University accepted persons with a caste certificate from outside Delhi to also be considered OBC cand.....
Tags : admission, reservation, delay, obc
Court rejects spouse’s conditional cooperation in matrimonial dispute(05.05.2016)
Parties to a matrimonial case cannot stall the legal system by refusing to participate in the proceeding on the precondition that another proceeding b.....
Tags : matrimonial dispute, parallel proceedings, delay
How long can builders keep paying compensation(11.05.2016)
The National Consumer Disputes Redressal Commission passed yet another order against a property developer for its prolonged failure to deliver possess.....
Tags : property developer, possession, delay, compensation
Once the parties have approached certain court for relief under Arbitration Act at earlier stages of disputes then it is same court that, parties must return to for all other subsequent proceedings(19.10.2016)
Present application filed by National Highways Authority of India (NHAI) seeking to explain delay of 296 days in filing Petition under Section 34 of A.....
Tags : Delay, filing, Explanation
Doctrine of delay and laches is not constitutional limitation on exercise of writ jurisdiction(08.12.2016)
Petitioners, who are allottees under Expandable Housing Scheme, 1996 challenge non-issuance of fresh Demand-cum-Allotment Letters. Petitioners seek De.....
Tags : Allotment Letters, Issuance, Delay
A person is entitled to compensation, if there is delay in settlement of legitimate claim thereof(21.12.2016)
Present petition has been filed to set aside award passed by second Respondent, Sole Arbitrator in so far as the failure to consider claim for compens.....
Tags : Delay, Compensation, Entitlement
A charge-sheet or show cause notice, issued in course of disciplinary proceedings, cannot ordinarily be quashed by Court(13.02.2017)
Applicant has assailed memorandum of charges and order whereby Respondents have not considered grant of medical leave from 21st March, 2014 to 10th Ap.....
Tags : Charge, Proceedings, Delay
When a decree or order is of High Court and an appeal is to be filled in same court, period of limitation is of 30 days from date of decree or order(09.03.2017)
Appeal has been filed challenging judgment passed by a Single Judge whereby the arbitral award passed by sole arbitrator was upheld. Along with said a.....
Tags : Delay, Condonation, Sufficient cause
Mere delay cannot be a ground for discarding entire prosecution case(23.06.2017)
In instant case, Trial Court framed charge against Appellant under Section 9(m) of Act punishable under Section 10 of Protection of Children from Sexu.....
Tags : Conviction, Validity, FIR, Delay
An amendment which affects vested rights is prospective in nature unless legislature makes it retrospective expressly or by necessary implication(08.03.2018)
The Petitioners were held guilty of manufacturing/sale of spurious and mis-branded drugs. Consequently, sentence of RI for three years was imposed und.....
Tags : Conviction, Validity, Trial, Delay
Retiral dues is an employee’s rightful claim and is not a bounty(25.06.2018)
The Petitioner retired as the Director (Finance) of the Institute of Cost Accountant of India, i.e. the respondent No. 1, on June 30, 2016. His grieva.....
Tags : Retiral benefits, Entitlement, Delay
No Court shall initiate any proceedings for contempt, either on its own motion or otherwise, after expiry of prescribed period(18.04.2018)
The present Contempt Petition is filed, seeking implementation of the order dated 15th September, 2011. The present Contempt Petition has been filed a.....
Tags : Contempt Petition, Delay, Maintainability
Even if a party successfully shows sufficient cause, still party is not entitled for condonation of delay as a matter of right(15.11.2018)
The present revision petition has been filed against the order passed by State Commission in First Appeal. Alongwith this revision petition, an applic.....
Tags : Delay, Condonation, Grant
Failure of a lawyer in taking timely steps, which resulted in causing delay in its filing/refiling, cannot be regarded as a sufficient cause to condone the delay(12.03.2019)
In the facts of present case, the Respondent filed a civil suit against the Appellants (HUDA) claiming a decree for declaration with consequential rel.....
Tags : Delay, Condonation, Entitlement
Existence of a sufficient cause for permitting Defendant to file written statement is imperative for granting extension of time(10.10.2019)
Present petition under Article 227 of Constitution of India, 1950 takes exception to an order passed by the learned Judge, whereby the learned Judge a.....
Tags : Written statement, Filing of, Delay
University cannot cancel admission for its failure to reevaluate answer sheets(01.03.2016)
Having failed to release revaluation results of answer sheets, a university cannot then direct cancellation of the admission of students for failure t.....
Tags : University, admission, reevaluation, delay
Debt Recovery Tribunal has no power to condone delay in filing Review Application under RDB Act(21.01.2020)
In the present case, the Respondent had filed a review petition before the Debt Recovery Tribunal with the application for condonation of delay which .....
Tags : Delay, Debt Recovery Tribunal
Rescue under the provision is for bona fide litigious activity(25.07.2016)
In instant case, Appellant was aggrieved by order of Additional District Judge allowing Respondent’s application under Section 14 of Limitation Act, .....
Tags : Delay, Condonation, bona fide litigious activity
Court shall not set aside the decree on mere irregularity in service of summons(21.05.2018)
The Petitioners are the Defendants 3 to 5 and 7 and 8 and the Respondent is the Plaintiff in the suit. The suit was filed for the realisation of Rs. 9.....
Tags : Ex-parte decree, Delay, Condonation
Written statement is not liable to be struck off the record, if sufficient cause is shown for delay(20.03.2020)
Present is an application filed by the Plaintiffs under Order VIII Rule 1 of the Code of Civil Procedure, 1908 [CPC] for a direction that, the written.....
Tags : Written statement, Filing, Delay
Recovery of interest on delayed period even though claimed after taking possession is maintainable(14.03.2019)
In facts of present case, Appellant-allottee has challenged the final order passed by Learned Member and Adjudicating Officer of MahaRERA Authority in.....
Tags : Delayed possession, Interest, Entitlement
Authority has complete jurisdiction to decide complaint in regard to non-compliance of obligations by the promoter(05.02.2019)
A complaint was filed under Section 31 of the Real Estate (Regulation and Development) Act, 2016 read with rule 28 of the Haryana Real Estate (Regulat.....
Tags : Delayed possession, Refund, Entitlement
Promoter is liable to pay interest to the complainant on failure to fulfil his obligation(28.02.2019)
A complaint was filed under section 31 of the Real Estate (Regulation and Development) Act, 2016 read with rule 28 of the Haryana Real Estate (Regulat.....
Tags : Delayed possession, Interest, Legality
Interest alone cannot be construed as operational debt(11.02.2020)
Present appeal emanates from the order passed by the Adjudicating Authority on the application filed under Section 9 of the Insolvency and Bankruptcy .....
Tags : Delayed payment, Interest, Operational Debt
If the cause of delay as explained by Assessee is found to be factually correct then, laps on part of Assessee cannot be a ground for rejecting condonation of delay(20.07.2020)
Present appeal by the Assessee is directed against the order of the Commissioner of Income Tax (Appeal) (CIT(A)), Jaipur. There is delay of 349 days i.....
Tags : Assessment, Delay, Condonation
Consumer fora has no jurisdiction to accept the written statement beyond the period of 45 days(11.02.2021)
The Petitioners have preferred the present special leave petition against the impugned order passed by the National Consumer Disputes Redressal Commis.....
Tags : Written statement, Delay, Condonation
Multiple matrimonial/penal proceedings launched by daughter-in- law against Assessee's entire family is a sufficient reason beyond assessee’s control and sufficient to condone the delay(29.01.2021)
Appellant by filing the present appeal sought to set aside the impugned order passed by the Commissioner of Income-tax (Appeals), Delhi qua the assess.....
Tags : Assessment, Additions, Delay, Condonation
Huge delay cannot be condoned under Section 61 of the I and B Code(22.02.2021)
In facts of present case, impugned order has been passed by the Adjudicating Authority (National Company Law Tribunal) dismissing Appellant's applicat.....
Tags : Delay, Condonation, Entitlement
Delay caused in an act required to be done by Government authority cannot be adopted as ground for penalizing innocent Appellant(21.04.2017)
In instant case, Appellant was a 100% EOU engaged in manufacture and export of cotton yarn. Appellant sought permission to opt out of EOU scheme. Deve.....
Tags : Certificate, Grant, Delay
Any delay beyond the extended period of thirty days after expiry of normal period of sixty days, cannot be condoned(01.04.2021)
Present appeal is directed against the order passed by the Commissioner of Customs (Appeals), by which the appeal filed to assail the order passed by .....
Tags : Delay, Condonation, Entitlement
Any inordinate and unexplained delay on the part of the Government in considering the representation renders the very detention illegal(06.12.2021)
The Petitioner is the wife of the detenu. The detenu has been detained by the 2nd Respondent by his order, holding him to be a "BOOTLEGGER", as contem.....
Tags : Delay, Representation, Detention
In the absence of an application seeking condonation of delay, the written statement could not be taken on record(12.10.2021)
The present petition was filed impugning the order of the District Judge (Commercial), dismissing of the application of the Petitioner/defendant under.....
Tags : Delay, Condonation, Eligibility
Section 5 of Limitation Act shall not be applicable to the appeal against the order of Recovery Officer(24.11.2021)
The original respondent has preferred the present appeal dissatisfied with the impugned judgment passed by the High Court by which the High Court has .....
Tags : Applicability, Provision, Delay, Condonation
Extension of limitation will not be applicable in circumstances where the Defendant was not prevented from filing written statement(17.12.2021)
Present order will dispose of the application filed by the Defendants under Order VIII Rule 1 read with Section 151 of Code of Civil Procedure, 1908 (.....
Tags : Delay, Condonation, Written statement
Mere filing of representation before authorities does not extend limitation period(28.02.2022)
The Petitioner filed Writ Petition by which the Petitioner prayed to allot 10% plot to him as provided under Clause 12 of the Sale Deed dated 19th Sep.....
Tags : Delay, Time period, Extension
Insured is required to intimate loss or damage to insurer expeditiously and within a reasonable time(25.10.2016)
As complaint was dismissed by Commission, review petitioner/complainant preferred an appeal before Supreme Court. In terms of liberty granted by Supre.....
Tags : Loss or damage, Claim, Delay
Appellate Authority can extend limitation period for 60 days only on showing of sufficient cause(23.05.2022)
The question to be adjudicated in all present petitions is whether Section 7(7) of the Payment of Gratuity Act, 1972 permits condoning the delay in fi.....
Tags : Time period, Delay, Extension
If appeal is presented by Assessee beyond extended statutory limitation period, delay cannot be condoned without sufficient cause(06.05.2020)
The Respondent is a registered dealer on the rolls of Assistant Commissioner of Commercial Taxes, Large Tax Payer Unit at Kakinada under the provision.....
Tags : Delay, Condonaton, Legality
Word "sufficient cause" should receive a liberal consideration, when delay is not on account of any dilatory tactics(22.04.2022)
Applicant, who is a promoter, has moved present application for condonation of delay of 36 days in filing appeal on the ground that due to surge of se.....
Tags : Delay, Sufficient cause, Condonation
Delay should not be permitted to defeat the rights of a person to approach the Court of law(25.07.2022)
The petition challenges the order passed by University and College Tribunal, whereby the application of the petitioner seeking condonation of delay of.....
Tags : Delay, Condonation, Sufficient cause
Insurer is liable to pay interest in case of delay beyond the timeline prescribed in Regulation(04.04.2019)
Present Petition under Article 226 of the Constitution of India, seeks a writ of mandamus to Respondent No. 1- Life Insurance Corporation of India (LI.....
Tags : LIC Policy, Payment, Delay, Interest
When an application filed within the time prescribed, the question of condonation of delay in re-filing have to be considered by Court in context of the explanation given for the delay(09.01.2023)
An application under Section 151 of the Code of Civil Procedure, 1908 has been filed on behalf of the Petitioner for condonation of delay of 85 days i.....
Tags : Refiling, Delay, Condonation
If an issue is related to payment or refixation of pay or pension, relief can be granted in spite of delay as it does not affect the rights of third parties(14.11.2022)
Petitioner impugns order whereby the original application of the Petitioner impugning order was dismissed. Petitioner is also aggrieved by order where.....
Tags : Pension, Delay, Entitlement
Section 17 of Limitation Act does not come into play, when limitation is prescribed for an Appeal(17.01.2023)
The Appellant who is Maharashtra State Electricity Distribution Company Ltd. has filed present Appeal challenging the order of the Adjudicating Author.....
Tags : Delay, Condonation
Right to prefer objections to assail the Arbitral Award cannot be denied unless the party has failed to file the objection petition within the strict period of limitation(30.01.2023)
Present petition has been filed under Section 34 of the Arbitration and Conciliation Act, 1996 ('Act') challenging the Arbitral Award passed by the le.....
Tags : Time period, Delay, Legality
Delay beyond extended period of 15 days in preferring the appeal is uncondonable, the same cannot be condoned even in exercise of powers under Article 142 of the Constitution(28.03.2023)
Present appeal is against the order which has been filed alongwith an application in which the Appellant/Applicant has prayed for condonation of delay.....
Tags : Time period, Delay, Condonation
Limitation to file an appeal is only upto 45 days out of which the period of fifteen days can be used for the purpose of extension of period of limitation on assigning sufficient cause(12.05.2023)
The present appeal has been filed by 'Cloud9 Apartment Owner Association' who did not file the appeal within the statutory period of 30 days plus 15 d.....
Tags : Statutory period, Delay, Condonation
IBC is a time bound process and any delay in challenging the rejection of the claims cannot be condoned as a matter of routine(05.06.2023)
Present Appeal is preferred by IFCI Limited under Section 61 of the Insolvency and Bankruptcy Code, 2016 (IBC) against the Impugned Order passed by th.....
Tags : Claim, Rejection, Delay
Section 200 of the IT Act casts a duty on person deducting tax to pay the same within prescribed time to the credit of the Central Government(29.03.2023)
The only issue for consideration is the levy of late filing fee on account of delay in filing of TDS statements, by the TDS Central Processing Cell un.....
Tags : Delay filing, Return, Fee
No penalty is leviable under Section 271C of IT Act on mere delay in remittance of TDS after it is deducted by assessee.(10.04.2023)
Assessees have preferred the present appeals feeling aggrieved and dissatisfied with the impugned judgment passed by the High Court confirming the lev.....
Tags : Remittance, TDS, Delay
Complainant is entitled to delay period interest under Section 18 of the Real Estate (Regulation and Development) Act, 2016(17.07.2023)
Present complaint is filed under Section 18 of the Real Estate (Regulation and Development) Act, 2016 before this Authority against the project SHRIRA.....
Tags : Interest, Delay, Entitlement
Delay can be condoned, only if, Applicant assigns a sufficient cause to the satisfaction of the Appellate Tribunal for not filing the Appeal in time prescribed(21.07.2023)
Present appeal has been filed with an Application for seeking condonation of delay of 13 days in filing the present Appeal. Counsel for the Applicant .....
Tags : Delay, Condonation, Sufficient cause
Delay can’t be condoned, when a party is found to be negligent, or have not acted diligently or remained inactive(31.07.2023)
The Appellant/original defendant has challenged the order passed by learned District Judge. The Appellant had filed an application under section 5 of .....
Tags : Delay, Condonation, Refusal
When there is a conflict between law and equity, it is the law which has to prevail(28.12.2017)
Instant appeal is filed by the Appellants-original Respondents against an oral order passed by the learned Single Judge in Special Civil Application, .....
Tags : Decree, Execution, Delay
Delay beyond 15 days cannot be condoned in any manner(01.11.2023)
Present appeal is filed along with an application seeking condonation of delay of 15 days in filing of the appeal. The impugned order was passed on 23.....
Tags : Delay, Condonation, Entitlement
Section 5 of the Limitation Act, will apply only if it is extended to the special statute(19.01.2024)
Present is a writ petition under Article 226 of the Constitution of India wherein the Petitioner is aggrieved by the order passed by the appellate aut.....
Tags : Delay, Provision, Applicability
Right to correct amount of salary gives rise to continuous cause of action and can be exercised at any point of time during service(22.12.2023)
In instant case, Petitioner has filed the present petition challenging the order passed by the Industrial Court. By that Order, the Industrial Court h.....
Tags : Additional increments, Direction, Delay
Discretionary power of a court to condone delay must be exercised judiciously and it is not to be exercised in cases where there is gross negligence by litigant(08.04.2024)
The Appellant before present Court has challenged the order passed by the High Court, by which the petition filed by the Appellant under Article 227 o.....
Tags : Delay, Condonation, Discretionary power
NCLAT is empowered to condone the delay upto a period of 45 days(18.09.2020)
The Appellants have come up with the present appeals, challenging an order passed by the National Company Law Appellate Tribunal (‘NCLAT’) dismissing .....
Tags : Prescribed period, Delay, Condonation
Ignorance of law is not an excuse(08.04.2022)
Present miscellaneous application has been filed by the assessee under Section 254(2) of the Income Tax Act, 1961 (IT Act) against the Tribunal order .....
Tags : Delay, Condonation
If the delay is properly explained and no third party rights are being affected, the writ court under Article 226 of the Constitution may condone the delay(06.11.2020)
The Appellant is aggrieved by indefinite order of blacklisting. The High Court dismissed the writ petition in limine, only on the ground of delay, as .....
Tags : Blacklisting order, Legality, Delay, Condonation
Unless otherwise agreed by parties, Arbitral Tribunal can award interest at reasonable rate for a period commencing from the date when the cause of action arises till the date of the award(22.04.2021)
The Appellants were awarded a contract by the State of Kerala for upgradation of a State Highway for two stretches, from Muvattupuzha-Thodupuzha and M.....
Tags : Interest, Delayed payment, Entitlement
Appellate Tribunal has the jurisdiction to extend the period of 15 days, if it is satisfied that there is a sufficient cause for not filing the appeal within the prescribed time(28.03.2023)
Present appeal is filed by an ex-director of the Corporate Debtor against the order passed by the Adjudicating Authority (National Company Law Tribuna.....
Tags : Delay, Condonation, Grant
The period of delay is to be counted from the knowledge of the deficiency(14.09.2017)
Instant first appeal has been filed by the Appellant against the order passed by the State Commission. Appellant/complainant had purchased the first f.....
Tags : Complaint, Delay, Maintainability
Tenant could not be penalized for the Advocate's default(21.09.2017)
The Plaintiff filed the present suit on 22nd November, 2013 claiming a decree for recovery of khas possession of the suit premises, decree for arrear .....
Tags : Delay, Condonation, Legality
High Court dispenses with delayed FIR and lack of corroborating evidence in accepting statement of prosecutrix(19.08.2015)
In a case where the underage Prosecutrix was kidnapped by the Appellants and subjected to rape by several persons, the High Court upheld the convictio.....
Tags : Criminal, rape, prostitution, delay, fir
Fresh period of limitation shall be computed from the time when the acknowledgment is signed(12.09.2023)
Present appeal under Section 62 of the Insolvency and Bankruptcy Code, 2016, has been filed assailing the correctness of judgment and order of Nationa.....
Tags : Application, Admission, Delay
Right to appeal being a statutory right, Defendant cannot be deprived of same merely on ground that, application to set aside ex-parte order was earlier dismissed(21.11.2019)
Present appeal arises out of the impugned order passed by the High Court by which the High Court has refused to condone the delay of 546 days in filin.....
Tags : Delay, Condonation, Ex-parte decree
Unless there is fraud of beneficiary or irretrievable harm or injury, Courts are not to interfere with encashment of Bank Guarantees(02.09.2016)
Appellant No. 1 a Joint Venture Company formed for specific purpose of constituting, commissioning and operating Kochi-Coimbatore-Erode-Salem LPG Pipe.....
Tags : Bank guarantee, Encashment, Delay, Financial Closure