AI Overview...
-
Section 9 of the Central Public Premises (Eviction of Unauthorized Occupants) Act, 1971 - Allows for condonation of delay in filing appeals against eviction orders; limitation periods can be extended based on judicial discretion Dhani Ram Anand And Sons VS Indian Tourism Development Corp. , New Delhi - Jammu and Kashmir.
-
Condonation of Delay in Appeals - Courts have considered factors such as the period of delay, bona fide reasons, and procedural errors. For example, delays due to mistaken advice or medical grounds have been condoned if justified convincingly Bal Kishan Sharma VS Radhey Shyam Godhawat - Rajasthan, BHUPAL INFRASTRUCTURE PRIVATE LIMITED HYDERABAD vs ACIT. CENTRAL CIRCLE-1(2) HYDERABAD - Income Tax Appellate Tribunal.
-
Judicial Discretion and Principles - Courts emphasize the importance of equitable justice and may set aside or allow appeals despite delays if reasons are deemed genuine, especially under Section 5 of the Limitation Act, 1963, which provides for condoning delays on sufficient cause Kusumchand VS Kanhaiyalal - Rajasthan, State of Assam and others VS Naresh Chandra Das and another - Gauhati.
-
Case-specific Factors - Delay condonation often depends on the nature of the delay, the reasons provided (e.g., medical grounds, legal advice), and whether the delay is bona fide. Lame excuses or procedural lapses are less likely to be condoned Bal Kishan Sharma VS Radhey Shyam Godhawat - Rajasthan, ITO 22 3 1 PIRAMAL CHAMBER vs ADANI ELECTRICITY EMPLOYEES CO-OPERATIVE CREDIT SOCIETY LIMITED PRABHAT COLONY - Income Tax Appellate Tribunal.
-
Legal Framework - While the Limitation Act, 1963, Section 5, is frequently invoked for condonation, it is not applicable to all statutory appeals, such as those under the Public Premises Act, where judicial discretion plays a key role Dhani Ram Anand And Sons VS Indian Tourism Development Corp. , New Delhi - Jammu and Kashmir.
-
Outcome of Condonation - Courts tend to favor condoning delays when justified, leading to the admission of appeals on merits, as seen in cases where delays due to genuine reasons like advice or health issues were accepted STATE OF RAJASTHAN VS BAL KISHAN MATHUR (D) - Uttarakhand, THE ORCHARD RESIDENCY CO-OP HOUSING SOCIETY LIMITED MUMBAI vs WARD 27(3)(1) MUMBAI - Income Tax Appellate Tribunal.
Analysis and Conclusion:
Appeals under Section 9 of the Public Premises Act can be entertained even after delays if the appellant demonstrates sufficient cause for the delay. Courts exercise judicial discretion, considering the reasons for delay—such as bona fide mistakes, medical issues, or legal advice—and tend to favor condonation to ensure substantive justice. The key is establishing that the delay was not intentional or negligent. Proper application of Section 5 of the Limitation Act can aid in condoning delays, but its applicability depends on the specific statutory context. Overall, delay condonation is granted based on the merits of each case, emphasizing fairness and equitable principles Dhani Ram Anand And Sons VS Indian Tourism Development Corp. , New Delhi - Jammu and Kashmir, Bal Kishan Sharma VS Radhey Shyam Godhawat - Rajasthan, STATE OF RAJASTHAN VS BAL KISHAN MATHUR (D) - Uttarakhand.
References:
- Dhani Ram Anand And Sons VS Indian Tourism Development Corp. , New Delhi - Jammu and Kashmir
- STATE OF RAJASTHAN VS BAL KISHAN MATHUR (D) - Uttarakhand
- Bal Kishan Sharma VS Radhey Shyam Godhawat - Rajasthan
- ITO 22 3 1 PIRAMAL CHAMBER vs ADANI ELECTRICITY EMPLOYEES CO-OPERATIVE CREDIT SOCIETY LIMITED PRABHAT COLONY - Income Tax Appellate Tribunal
- Kusumchand VS Kanhaiyalal - Rajasthan
- THE ORCHARD RESIDENCY CO-OP HOUSING SOCIETY LIMITED MUMBAI vs WARD 27(3)(1) MUMBAI - Income Tax Appellate Tribunal
- BHUPAL INFRASTRUCTURE PRIVATE LIMITED HYDERABAD vs ACIT. CENTRAL CIRCLE-1(2) HYDERABAD - Income Tax Appellate Tribunal
- State of Assam and others VS Naresh Chandra Das and another - Gauhati
Search Results for "Appeal under Sec 9 Public Premises Act Dealay Condonned"
1995 0 Supreme(J&K) 65 • India - Jammu and Kashmir
M.RAMAKRISHNA, B.A.KHAN
Section 9 of the Central Public Premises (Eviction of Unauthorized Occupants) Act, 1971 allows for condonation of delay in filing ... LIMITATION ACT - APPEAL - SECTIONS 5 & 14 - NOT APPLICABLE - CENTRAL PUBLIC PREMISES (EVICTION OF UNAUTHORIZED OCCUPANTS) ACT, ... the computation of the limitation period for an appeal under the Central Public Premises (Eviction ....
2013 0 Supreme(UK) 412 • India - Uttarakhand
SUDHANSU JYOTI MUKHOPADHAYA, RANJAN GOGOI
refusal of the adjudication of the appeal on merits even if such act was construed to be negligent — On considering the totality ... of facts of the case i.e. particularly the period of the delay, order of High Court set aside — Appeal allowed. ... (A) Limitation Act, 1963, Sec. 5 — An apparent error or mix up in the dates in the application for condonation of delay and the same ... An order of eviction dated 17.12.1980 under the Rajasthan Public #HL....
2011 0 Supreme(Raj) 1466 • India - Rajasthan
BELA M.TRIVEDI
C.P.C., Order 9 Rule 13, Sec. 96; Limitation Act, 1963, Sec. 5 — Condonation of delay of 1421 days in filing appeal — Suit for specific ... dismissal filed appeal u/S. 96 C.P.C. — On the mistaken advice of Advocate, both the remedies i.e. u/O. 9 R. 13 and Sec. 96(2) CPC ... — The course does not appear to be bonafide — Does not inspire confidence — Lame excuse — No sufficient cause for condoning delay#HL_....
2025 Supreme(Online)(ITAT) 1205 • India - Income Tax Appellate Tribunal (Mumbai Bench)
SHRI NARENDRA KUMAR BILLAIYA, AM, SHRI RAJ KUMAR CHAUHAN, JM
(A) Income Tax Act, 1961 - Sections 80P(2)(d) and 80P(4) - Appeal and cross appeal regarding deduction claimed by a cooperative society ... The CIT(A) partially allowed the appeal, leading to the current disputes. ... ... ... Result: Appeals dismissed. ... 9. In the result, the appeal filed by the assessee is allowed 9. ... The delay in filing return of income has already been condoned by Ld CCIT. Hence, the ass....
1973 0 Supreme(Raj) 95 • India - Rajasthan
JOSHI, BERI
(d) Contract Act, Sec. 23—Against public policy—Plaintiff subletting premises to defendant on condition that he will pay to plaintiff ... delay was condoned. ... (a) Limitation Act, Sec. 5—Delay due to wrong advise by counsel—Wrong being bona fide and after consultation of a published book, ... ... 9. We accordingly accept the appeal and dismiss the suit in regard to the claim of Rs. 2,100/- both....
2025 Supreme(Online)(ITAT) 2344 • India - Income Tax Appellate Tribunal (Mumbai Bench)
Shri Narender Kumar Choudhry, J
(Paras 10-14) ... ... (B) Delay in filing appeal - The court condoned the delay in filing the ... in filing the appeal. ... ... ... Result: Appeal allowed. ... The Assessee, being aggrieved, is in appeal before this Court and with regard to the contention of delay in filing of first appeal before the Ld. ... The Assessee, being aggrieved, challenged the said disallowance of deduction made by the AO, by filing first a....
2025 Supreme(Online)(ITAT) 6457 • India - Income Tax Appellate Tribunal (Hyderabad Bench)
SHRI VIJAY PAL RAO, ACJ, SHRI MANJUNATHA G, J
20 - Delay in filing appeals explained by medical grounds of the director - Delay condoned based on principles from Collector, Land ... (A) Income Tax Act, 1961 - Sections 40(a)(ia), 69A, and 153A - Appeals filed against assessment orders for A.Ys. 2017-18 to 2019- ... -6) ... ... (C) Disallowance principles - Non-deduction of TDS relevant for expenses specified under the Act ... If the reasons given by the assessee for not filing the appeals do ....
2025 Supreme(Online)(ITAT) 2486 • India - Income Tax Appellate Tribunal (Cochin Bench)
SHRI INTURI RAMA RAO, ACJ, SHRI SOUNDARARAJAN K., J
... ... Issues: The main issues were whether the delay in filing the appeal should be condoned and if the penalty under Section 270A ... (A) Income Tax Act, 1961 - Sections 144 and 270A - Appeals against the orders of the NFAC regarding delay in filing appeals and penalty ... (Paras 2, 3, 8, 9) ... ... (B) Condonation of Delay - The court ... At the time of hearing, the Ld.AR submitted that the reasons stated in the de....
1981 0 Supreme(Gau) 89 • India - Gauhati
K.M.LAHIRI, T.C.DAS
The court allowed the application and condoned the delay. Issues: 1. ... Final Decision: The court allowed the application and condoned the delay. ... of time to file a writ appeal against the judgment of a single judge of the Gauhati High Court. ... .:- This is an application u/s.5 of the Indian Limitation Act, 1963, for short "the Act". Based on the following premises, Mr. B.K. ... or public interest and equitable distribution o....
2005 0 Supreme(Raj) 685 • India - Rajasthan
DINESH MAHESHWARI
(a) Rajasthan Premises (Control of Rent & Eviction) Act, 1950, Sec. 13(4)(5) and Limitation Act, 1963, Sec. 5 – Condonation of delay ... (Para 46)(b) Rajasthan Premises (Control of Rent & Eviction) Act, 1950, Sec. 13(1)(a), 13(4), (5) & (6) – Default in payment of rent ... This benefit of `first default could be granted only when there is a compliance of Sec. 13(4) of the Act. ... –The defendant-t....
Filter by Legal Phrase
