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ASHUTOSH SHASTRI, HEMANT M. PRACHCHHAK
Union Of India Through Assistant Director – Appellant
Versus
Mansukh Shah Huf – Respondent
| Table of Content |
|---|
| 1. application for condonation of delay. (Para 1) |
| 2. condonation of delay requires explanation within statutory timelines. (Para 2) |
| 3. arguments favoring condonation of delay. (Para 3 , 4 , 5) |
| 4. opposing arguments against condonation. (Para 6 , 7 , 8 , 9) |
| 5. court's observations on statutory provisions. (Para 10 , 11 , 12 , 13 , 14) |
| 6. importance of adhering to statutory limitations. (Para 15 , 16 , 17) |
| 7. sequence of events impacting decision. (Para 18 , 19 , 20) |
| 8. judicial precedents reinforcing strict adherence to rules. (Para 21 , 22 , 23 , 24 , 25 , 26 , 27 , 28) |
| 9. final ruling on the delay condonation request. (Para 29 , 30) |
| 10. final ruling indicates dismissing applications lacking substantive merit. (Para 31) |
JUDGMENT :
(Ashutosh Shastri, J.)
1. By way of these applications, the applicant has prayed for condonation of delay of 38 days which has occurred in preferring substantive First Appeals challenging the order dated 3.9.2019 passed by learned Appellate Tribunal (PMLA), New Delhi whereby learned Appellate Tribunal has set aside the order of adjudicating authority dated 1.3.2018 for confirming the attached properties under Original Complaint No.819 of 2017 dated 1
The court ruled that strict compliance with statutory time limits is mandatory, and substantial justice cannot override clear legislative provisions regarding delay in filing appeals.
The court determined that administrative negligence is insufficient to warrant the condonation of significant delays in legal proceedings; strict adherence to limitation laws is paramount.
The law of limitation is to be strictly enforced, and parties, including the government, must provide sufficient cause for any delay in filing appeals; negligence or lack of bona fides will not justi....
The court held that for condoning delay under Section 5 of the Limitation Act, the party must demonstrate sufficient cause, with mere negligence or vague explanations failing to meet this burden.
(1) Un-condonable delay - Un-condonable delay cannot be condoned in a routine manner by the Courts. Law of Limitation is substantive and the Rule is to institute the proceedings within the time limit....
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