Searching Case Laws & Precedent on Legal Query.....!
Scanned Judgements…!
Searching Case Laws & Precedent on Legal Query.....!
Scanned Judgements…!
Liberal Approach in Considering Delay - Courts are generally encouraged to adopt a liberal or lenient view when condoning delays in filing applications, appeals, or petitions, especially where the delay is minor and justified by acceptable reasons. This approach aims to ensure justice is not denied solely due to procedural delays ["State Of West Bengal Represented By La Collector, Purba Burdwan vs Md Sabed, Since Deceased Represented By Kamar Jahan - Calcutta"]; ["Kamla Devi, Wife Of Sh. Mohinder Singh VS Vinod Kumar, Son Of Shri Chaddar Sain - Himachal Pradesh"]; ["Ulagamani VS Gnanasekar - Madras"]; ["M. Dayabary (Deceased) Mounisamy VS Union of India, Rep. by the Secretary to Government of Puducherry - Madras"]; ["Chitrakala VS Sathyanarayanan - Madras"]; ["T. V. Venkatasamy Chettiar VS K. Ayyadurai - Current Civil Cases"]; ["Muthayyan VS Commissioner, Hindu Religious and Charitable Endowment Board, Government of Tamil Nadu - Madras"]; ["A. Sagunthala VS Rajathi - Madras"]; ["T. V. Venkatasamy Chettiar VS K. Ayyadurai - Current Civil Cases"]; ["Srinivasan VS Dhanabal - Madras"]; ["A. Senthilkumar VS K. Nirmala - Madras"]; ["S. Dinakaran VS K. Varadan - Madras"]; ["A. Santhanadevan VS Valli - Madras"]; ["Special Tahsildar, Adi Dravidar Welfare Department, Vellore VS Arumuga Mudaliyar (Died) Gnanasoundari - Madras"]; ["A. S. L. Pauls College of Engineering and Technology VS M. Total Instrumentation Solutions Represented by its Proprietor M. Mazkurie Alam - Madras"]; ["Revenue Divisional Officer, Land Acquisition Officer (Tamil Nadu Electricity Generation and Distribution Corporation) VS Thulasi - Madras"]; ["D. Anandaraj VS K. R. Vengoba Rao - Madras"].
Factors Influencing the Court's Discretion - The courts emphasize that the reasons for delay should be reasonable, plausible, and not attributable to negligence or lethargy, especially when the delay is substantial. They are less inclined to condone long delays without valid justification, and a mechanical or routine condonation is discouraged ["State Of West Bengal Represented By La Collector, Purba Burdwan vs Md Sabed, Since Deceased Represented By Kamar Jahan - Calcutta"]; ["M. Dayabary (Deceased) Mounisamy VS Union of India, Rep. by the Secretary to Government of Puducherry - Madras"]; ["Chitrakala VS Sathyanarayanan - Madras"]; ["T. V. Venkatasamy Chettiar VS K. Ayyadurai - Current Civil Cases"]; ["Special Tahsildar, Adi Dravidar Welfare Department, Vellore VS Arumuga Mudaliyar (Died) Gnanasoundari - Madras"]; ["A. S. L. Pauls College of Engineering and Technology VS M. Total Instrumentation Solutions Represented by its Proprietor M. Mazkurie Alam - Madras"]; ["Revenue Divisional Officer, Land Acquisition Officer (Tamil Nadu Electricity Generation and Distribution Corporation) VS Thulasi - Madras"]; ["D. Anandaraj VS K. R. Vengoba Rao - Madras"].
Exceptions for Short or Meagre Delays - Courts tend to be more lenient with minor or unexplained short delays, particularly when the delay is not intentional and the applicant demonstrates genuine oversight or lack of awareness of limitation periods ["Kamla Devi, Wife Of Sh. Mohinder Singh VS Vinod Kumar, Son Of Shri Chaddar Sain - Himachal Pradesh"]; ["G. Maruthachalam S/o Late Ganapathy Gounder VS N. Jothimani W/o Late G. Natarajan - Madras"]; ["Muthayyan VS Commissioner, Hindu Religious and Charitable Endowment Board, Government of Tamil Nadu - Madras"]; ["Srinivasan VS Dhanabal - Madras"]; ["A. Senthilkumar VS K. Nirmala - Madras"]; ["Special Tahsildar, Adi Dravidar Welfare Department, Vellore VS Arumuga Mudaliyar (Died) Gnanasoundari - Madras"]; ["A. S. L. Pauls College of Engineering and Technology VS M. Total Instrumentation Solutions Represented by its Proprietor M. Mazkurie Alam - Madras"]; ["Revenue Divisional Officer, Land Acquisition Officer (Tamil Nadu Electricity Generation and Distribution Corporation) VS Thulasi - Madras"].
Judicial Precedents and Principles - Several judgments reinforce that a liberal or sympathetic view should be adopted, especially under beneficial legislation or where substantial justice is involved. However, long and unexplained delays, especially without valid reasons, are generally not condoned to prevent abuse of process ["State Of West Bengal Represented By La Collector, Purba Burdwan vs Md Sabed, Since Deceased Represented By Kamar Jahan - Calcutta"]; ["G. Maruthachalam S/o Late Ganapathy Gounder VS N. Jothimani W/o Late G. Natarajan - Madras"]; ["M. Dayabary (Deceased) Mounisamy VS Union of India, Rep. by the Secretary to Government of Puducherry - Madras"]; ["Chitrakala VS Sathyanarayanan - Madras"]; ["T. V. Venkatasamy Chettiar VS K. Ayyadurai - Current Civil Cases"]; ["Special Tahsildar, Adi Dravidar Welfare Department, Vellore VS Arumuga Mudaliyar (Died) Gnanasoundari - Madras"]; ["A. Santhanadevan VS Valli - Madras"].
Conclusion - The overarching principle is that courts are inclined to take a liberal view in condoning delays, provided the reasons are adequate, the delay is not excessive, and there is no negligence. This approach aligns with the judiciary's aim to deliver substantive justice over rigid procedural adherence ["State Of West Bengal Represented By La Collector, Purba Burdwan vs Md Sabed, Since Deceased Represented By Kamar Jahan - Calcutta"]; ["Kamla Devi, Wife Of Sh. Mohinder Singh VS Vinod Kumar, Son Of Shri Chaddar Sain - Himachal Pradesh"]; ["Ulagamani VS Gnanasekar - Madras"]; ["M. Dayabary (Deceased) Mounisamy VS Union of India, Rep. by the Secretary to Government of Puducherry - Madras"]; ["Chitrakala VS Sathyanarayanan - Madras"]; ["T. V. Venkatasamy Chettiar VS K. Ayyadurai - Current Civil Cases"].
In the realm of Indian litigation, time limits can be strict, but courts often prioritize justice over technicalities. A common question arises: Does the court have to take a liberal view in considering the delay in filing a LR petition? (Here, LR typically refers to Letters Patent Appeals or LPAs.) The answer is generally yes, under Section 5 of the Limitation Act, 1963, where courts adopt a pragmatic, justice-oriented approach rather than insisting on pedantic explanations for every day's delay. This principle ensures meritorious claims aren't defeated by procedural hurdles. [
#CondonationOfDelay, #LPAAppeal, #LimitationAct
From a consideration of the view taken by this Court through the decisions cited supra the position is clear that, by and large, a liberal approach is to be taken in the matter of condonation of delay. ... The lethargy seems to have crept in the administration as they believe that justice oriented liberal view approach would steer them away irrespective of the quality of explanation offered for the delay since it is a state or a government body. They take#HL....
Considering such aspect, Hon’ble Supreme Court in Braham Pal @ Semi (supra) address the issue as under:- “22. ... Bhardwaj, Advocate, learned counsel for the applicant has contended with vehemence that the Motor Vehicles Act is a beneficial legislation and the Court should take lenient and pragmatic view while deciding the present application. ... Another fact that cannot be ignored is that applicant was throughout represented by a counsel right from the date of filing of pet....
In the event of condonation of enormous delay in the absence of any valid reason, the same would cause prejudice to the other parties and thus, the Courts are expected to take lenient view only if the delay is meagre and not otherwise. ... Under those circumstances, this Court refused to condone the delay of 797 days in filing a petition to set aside the ex-parte decree. In the above case, this Court also referred to the decision of....
Single Judge erred in not appreciating that the Appellant’s explanation, although lacking specific dates initially, substantially complied with the requirement to provide reasonable and sufficient cause for the delay, particularly in view of filing of supplementary affidavit by the Appellant. ... It is evident that the Appellant has been negligent in prosecuting his claim within time and the explanation offered for the delay in filing the Review Petition is neither plausible nor reason....
Under those circumstances, this Court refused to condone the delay of 797 days in filing a petition to set aside the ex-parte decree. In the above case, this Court also referred to the decision of the Honourable Supreme Court reported in M.K. Prasad vs. P. ... The learned counsel for the respondents objected for relying on the decisions by stating that they relate to condonation of delay in filing a petition and not with respect to ....
No doubt, the Courts can take a lenient view in respect of meagre delay and if the delay is longer, then the reasons must be sufficient enough to condone the delay and the Courts are not expected to condone the long delay in a routine manner. ... The learned counsel for the respondents objected for relying on the decisions by stating that they relate to condonation of delay in filing a petition and not with respect to condonation of....
Thus, the delay is to be condoned. 3. Uncondonable delay cannot be condoned in a mechanical manner. No doubt, Courts may take a lenient view, if the delay is meagre but unexplained long delay cannot be condoned. ... The learned counsel for the respondents objected for relying on the decisions by stating that they relate to condonation of delay in filing a petition and not with respect to condonation of delay in re-....
take advantage of various earlier decisions. ... The learned counsel for the respondents objected for relying on the decisions by stating that they relate to condonation of delay in filing a petition and not with respect to condonation of delay in re-presenting a petition. ... Under those circumstances, this Court refused to condone the delay of 797 days in filing a petition to set aside the ex-parte decree. In the....
Insufficient reasons cannot be considered for the purpose of condoning the long delay. 9. No doubt, the Courts may take a lenient view by condoning the long delay in filing proceedings. ... The learned counsel for the respondents objected for relying on the decisions by stating that they relate to condonation of delay in filing a petition and not with respect to condonation of delay in re-presenting a petition. ......
No doubt, if there is a meagre delay, Court can take a lenient view to condone the same. ... The learned counsel for the respondents objected for relying on the decisions by stating that they relate to condonation of delay in filing a petition and not with respect to condonation of delay in re-presenting a petition. ... Under those circumstances, this Court refused to condone the delay of 797 days....
It is furthermore neither in doubt nor in dispute that such applications should be considered liberally. The Court would take a more liberal attitude in the matter of condonation of delay in filing such an application.
It was submitted that the Court should adopt liberal approach where there is a delay in filing the special leave petition. This Court in para ‘11’ of Imrat Lal (Supra) has held as under: “11. We can take judicial notice of the fact that villagers in our country are by and large illiterate and are not conversant with the intricacies of law. 5. Mr. Sharanagouda Patil, learned counsel appearing for the appellants-claimants, has placed reliance on the judgment of this Court in Imrat Lal and Others v. Land Acquisition Collector and Others, (2014) 14 SCC 133, and has submitted th....
It is furthermore neither in doubt nor in dispute that such applications should be considered liberally. The court would take a more liberal attitude in the matter of condonation of delay in filing such an application.
It is further neither in doubt nor in dispute that such applications should be considered liberally. The Court would take a more liberal attitude in the matter of condonation of delay in filing such an application.
It is furthermore neither in doubt nor in dispute that such applications should be considered liberally. The Court would take a more liberal attitude in the matter of condonation of delay in filing such an application.
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