AI Overview...
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Absence of Petition to Condone Delay - Courts have generally been liberal in allowing condonation of delay in filing complaints under Section 138 of the Negotiable Instruments Act, considering the interest of justice MANAGING DIRECTOR, WOODBURN DEVELOPERS AND BUILDERS PVT. LTD VS DEBAMAYA PANIGRAHI - Orissa.
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Legal Requirements for Condonation - There is no strict requirement that the complainant must file an affidavit supported by an advocate; sufficient cause can be shown within the complaint itself or through other acceptable means Abdurehiman VS Sethu Madhavan - Dishonour Of Cheque.
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Role of Affidavits and Evidence - Some judgments emphasize that affidavits are not mandatory for condoning delay; the court’s satisfaction based on the facts and circumstances suffices, and the absence of an affidavit does not necessarily invalidate the condonation request Abdurehiman VS Sethu Madhavan - Kerala.
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Judicial Discretion and Justice - Courts have the discretion to condone delays, especially considering the nature of transactions and the amount involved, to prevent miscarriage of justice P. S. Aithala VS Ganapathy N. Hegde - Dishonour Of Cheque.
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Limitations and Amendments - Prior to amendments in Section 142, the law did not specify a strict procedure for condonation; courts have exercised their power to extend time in the interest of justice, even in cases instituted before amendments Managing Director, Woodburn Developers & Builders Pvt. Ltd. VS Debamaya Panigrahi - Orissa.
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Impact of Delay and Condonation - Delay of a few days (e.g., 13 days) has been condoned if justified, and failure to do so has led to dismissal of complaints, highlighting the importance of judicial discretion in such matters P. S. Aithala VS Ganapathy N. Hegde - Crimes.
Analysis and Conclusion: The legal landscape indicates that courts are inclined to liberalize the process of condoning delays in filing complaints under Section 138 of the Negotiable Instruments Act, emphasizing the principles of justice over procedural rigidity. The absence of a petition or affidavit explicitly supporting condonation does not necessarily impede justice, provided the court is satisfied with the circumstances. The courts’ discretionary power aims to prevent miscarriage of justice, especially considering the nature of the transaction and the conduct of the parties. Therefore, even in the absence of a formal petition to condone delay, courts can and do exercise their authority to extend time to uphold substantive justice MANAGING DIRECTOR, WOODBURN DEVELOPERS AND BUILDERS PVT. LTD VS DEBAMAYA PANIGRAHI - Orissa, Abdurehiman VS Sethu Madhavan - Dishonour Of Cheque, Abdurehiman VS Sethu Madhavan - Kerala, P. S. Aithala VS Ganapathy N. Hegde - Dishonour Of Cheque, Managing Director, Woodburn Developers & Builders Pvt. Ltd. VS Debamaya Panigrahi - Orissa, P. S. AITHALA VS GANAPATHY . N. HEGDE - Karnataka, P. S. Aithala VS Ganapathy N. Hegde - Crimes.
Search Results for "Absence of Petition to Condone Delay U s 142 in 138 N i Act Cases"
2007 0 Supreme(Ori) 323 • India - Orissa
A.K.PARICHHA
Act liberally in favor of the complainant, allowing for the condonation of delay in filing the complaint petition using the general ... Court in cases instituted before the amendment of S. 142 of the Act. ... Act - S. 138 of the Act - S. 142 (b) - S. 138 - S. 142 - S. 5 of the Limitation Act Fact of the Case: A cheque issued ... Neither in Section 138 nor in Section 14....
2018 0 Supreme(J&K) 1031 • India - Jammu and Kashmir
M.K.HANJURA
Negotiable Instruments Act,1881 - Section 138 561 and 142 - Code of Criminal Procedure,1973 - Section 561 ... before him on basis of which he derived satisfaction to condone delay in filing complaint - Satisfaction contemplated by proviso ... nor has statement of learned counsel been recorded to inspire confidence for accepting explanation offered to condone delay - Order ... A severe miscarriage of justice has been caused by issuing process against the petitioner in ....
• India - Dishonour Of Cheque
K.S.RADHAKRISHNAN
of petition for condonation of delay—Nor is he obliged to file an application—Sufficient cause may be shown in complaint itself, ... , petition for condonation of delay was preferred along with an affidavit sworn to by him but not attested by an Advocate. ... in filing complaint under Section 138 of N.I. ... to whether it is the requirement of the justice to condone or ignore such delay. ... We are satisfied on facts that the Trial Court has rightly....
2006 0 Supreme(Ker) 547 • India - Kerala
K.S.RADHAKRISHNAN, V.RAMKUMAR
Negotiable Instruments Act,1881 - Section . 142 -Revision Petition has been placed before us on a reference ... under S.142 there is no requirement that the complainant should file an affidavit in support of the petition for condonation of ... has taken the view that delay in filing a complaint cannot be condoned unless it is supported by an affidavit by the complainant ... it is the requirement of the justice to condone or ignore such dela....
• India - Dishonour Of Cheque
H.V.G.RAMESH
142(b)—Limitation Act, 1963—Section a href=act:395~S. ... Act to condone the delay, the said delay could be condoned in the interest of justice having regard to the nature of transaction and the amount involved and also having regard to the difficulties expressed. ... No. 673/1992 and submitted that in the absence of any specific provision barring the application filed under Section 5 of the Limitation Act, the application is maintainable. ... The ap....
2006 0 Supreme(Bom) 1762 • India - Bombay
RAMESH RANGANATHAN
Negotiable Instruments Act - Quashing of Proceedings - Section 138, Section 142 - Summary of Acts and Sections: Sections 138 and ... Final Decision: The court allowed the criminal petitions and quashed the proceedings in the three criminal cases. ... The complaint was filed nearly a year later, and the delay was condoned. ... The petition filed to condone the delay in filing the complaint, in Cr....
• India - Dishonour Of Cheque
A.K.PARICHHA
Court in cases instituted before amendment of Section 142 of the Act? ... (i) Negotiable Instruments Act, 1881—Section 138 and 142—Prosecution ... Act, 1881—Section 138 and 142—Prosecution for dishonour of cheque—Limitation ... Neither in Section 138 nor in Section 142 there was any specific provision for extension of this period of one month or for condonation of delay in presentation of the com....
2007 0 Supreme(Ori) 318 • India - Orissa
A.K.PARICHHA
. 142 (b) of the Act could be extended by the Court in cases instituted before the amendment of Sec. 142 of the Act ? ... NEGOTIABLE INSTRUMENTS ACT, 1881 - Secs. 138, 142 - Giving of notice is not relevant, but receipt of the same by the drawer and then ... action - Although it is a provision under a special statute, yet considering the legislative intent it would not be illegal to condone ... Neither in Section 138#HL_EN....
2007 0 Supreme(Kar) 828 • India - Karnataka
H.V.G.RAMESH
NEGOTIABLE INSTRUMENTS ACT, 1881 - Sections 138 & 142 (b): [H.V.G. ... Act to condone the delay, the said delay could be condoned in the interest of justice having regard to the nature of transaction ... under Section 5 of the Limitation Act R/W Section 142(b) of the N.I. ... Act to condone the delay, the said delay could be condoned in the int....
• India - Crimes
H.V.G.RAMESH
Negotiable Instruments Act, 1881—Section 142(b) —Dishonour of cheque—Dismissal of complaint on finding that complaint was barred ... expressed—Delay was liable to be condoned. ... by time—Appeal—Delay of 13 days in filing complaint—Trial Court rejected the explanation for delay only on ground that except his ... Act to condone the delay, the said delay could be condoned in the interest of justice having regard to t....
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