AI Overview...
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Limitation Act, 1963 - Section 5 (Condonation of Delay) - Courts generally adopt a liberal approach towards applications seeking condonation of delay under Section 5, emphasizing substantial justice. However, delay must be reasonably explained; unexplained or negligent delays are often rejected. Courts have the authority to condone delays beyond one month, but the burden is on the applicant to demonstrate sufficient cause. Sanyukta Bhattacharjee VS Union Of India - Calcutta, Dhan Singh vs Ramu & others - Punjab and Haryana, U. T. Chandigarh VS Pankaj - Punjab and Haryana, State of Rajasthan VS Rajpal Singh Chauhan - Rajasthan, Shanti Devi vs Gulshan & others - Punjab and Haryana, THE POSTMASTER GENERAL, CENTRAL REGION, KOCHI vs MATHIAS K THOMAS - Kerala
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Rejection of Condonation Applications - Rejection typically occurs when explanations for delay are insufficient, unexplained, or due to negligence. For instance, delays of 71 days or 1065 days have been rejected due to lack of reasonable cause. Rejection of condonation is not a decree on the substantive matter but affects the maintainability of appeals or revisions. Raj Kumar VS Sapna - Punjab and Haryana, THE POSTMASTER GENERAL, CENTRAL REGION, KOCHI vs MATHIAS K THOMAS - Kerala, State of Rajasthan VS Rajpal Singh Chauhan - Rajasthan
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Main Points & Insights - The courts emphasize the importance of a genuine and reasonable cause for delay. While a liberal approach is encouraged, failure to justify delays leads to dismissal of applications for condonation, which consequently results in dismissal of appeals or revisions. The principles uphold adherence to statutory limitation periods but also allow flexibility where justified. Sanyukta Bhattacharjee VS Union Of India - Calcutta, Dhan Singh vs Ramu & others - Punjab and Haryana, U. T. Chandigarh VS Pankaj - Punjab and Haryana, Shanti Devi vs Gulshan & others - Punjab and Haryana
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References -
- WBGST Act, 2017: Court upheld power to condone delays beyond one month under Section 5 of Limitation Act. Sanyukta Bhattacharjee VS Union Of India - Calcutta
- Supreme Court decisions: Emphasized that rejection of condonation is not a decree and requires reasonable cause; delays of several hundred days have been rejected for lack of explanation. Dhan Singh vs Ramu & others - Punjab and Haryana, U. T. Chandigarh VS Pankaj - Punjab and Haryana, State of Rajasthan VS Rajpal Singh Chauhan - Rajasthan, THE POSTMASTER GENERAL, CENTRAL REGION, KOCHI vs MATHIAS K THOMAS - Kerala
- Consumer Protection Act context: Limitation objections are raised as preliminary issues; delays without reasonable cause lead to dismissals. Arvind Aggarwal VS United India Insurance Co. Ltd. - Consumer
- Historical perspective: Departure from previous laws (e.g., Art. 182 of Limitation Act, 1908) to current provisions favoring substantial justice. Badal Chandra Das v. Babul Deb - Gauhati
- Specific case examples: Rejection of delay condonation ranging from 71 days to over 2500 days, highlighting the necessity of proper explanation. Shanti Devi vs Gulshan & others - Punjab and Haryana, Uma Shankar VS Dy. Director Of Consolidation - Allahabad
Summary:
Applications for condonation of delay under Section 5 of the Limitation Act, 1963, are generally granted if the delay is properly explained and justified. Courts exercise discretion but reject delays lacking reasonable cause, emphasizing the importance of adhering to statutory time limits to ensure justice. Rejection of such applications is not a substantive judgment but affects the maintainability of appeals or revisions.
Search Results for "Caitation for Rejection Condonation Petition under Limitation Act 1963"
2024 0 Supreme(Cal) 1470 • India - Calcutta
RAJA BASU CHOWDHURY
(A) WBGST Act, 2017 - Section 107 - Limitation Act, 1963 - Condonation of delay - The appellate authority ... The court held that the authority has the power to condone delay beyond one month as per Section 5 of the Limitation Act. ... (Paras 10, 13) Facts of the case: The petitioner challenged the rejection of an application ... Challenging the aforesaid rejection of the application for condonation of delay the pr....
2025 Supreme(Online)(P&H) 3679 • India - High Court of Punjab and Haryana
SUMEET GOEL, J
(A) The Limitation Act, 1963 - Section 5 - Condonation of delay - The court adopts a liberal approach to condonation applications ... ... ... Result: The application for condonation of delay is dismissed, leading to the dismissal of the main revision petition. ... ... ... Issues: The main issue addressed was whether the delay in filing the revision petition could be justifiably condoned given ... A liberal approach, undoubtedly, ought to be accor....
2024 0 Supreme(P&H) 1268 • India - Punjab and Haryana
SUMEET GOEL
(A) The Limitation Act, 1963 - Section 5 - Condonation of delay - Application for condonation of delay of 173 days in filing revision ... , it cannot disregard the statutory provisions of limitation. ... of delay, leading to the dismissal of the main revision petition. ... A liberal approach, undoubtedly, ought to be accorded to a plea for condonation of delay made under Section 5 of The Limitation Act, 1....
• India - Consumer
K.S.CHAUDHARI, SURESH CHANDRA
Consumer Protection Act, 1986—Section 24-A(2)—Limitation Act, 1963—Section 14—Complaint—Delay—Complainant has not filed application ... parties in which specific objection regarding limitation has been raised as preliminary issue and no reasonable explanation has ... for condonation of delay along with complaint, but application has been filed after 8 months of filing reply to complaint by opposite ... Secretary Insurance, Govt. of India but vide letter dated 15.1.2002 complainant was ....
2024 0 Supreme(P&H) 1168 • India - Punjab and Haryana
SUMEET GOEL
(A) The Limitation Act, 1963 - Section 5 - Condonation of delay - Application for condonation of 71 days delay in filing revision ... petition dismissed due to lack of reasonable explanation and evidence of negligence on part of applicant-husband - The court emphasized ... 7) ... ... Facts of the case: ... The applicant-husband sought to condone a 71-day delay in filing a revision petition ... As a sequel to above-said discussion, the following principles of law em....
2011 0 Supreme(Raj) 150 • India - Rajasthan
NARENDRA KUMAR JAIN
C.P.C., Sec. 100 read with Limitation Act, 1963, Sec. 5 — Rejection of application for condonation of delay filed u/Sec. 5 of 1963 ... Act — Maintainability of second appeal — Held — Rejecting an application for condonation of delay is not a decree — Dismissal of ... ] /kkjk 5 & 1963 ds vf/kfu;e dh /kkjk 5 ds rgr nk;j foyEc ekQh gsrq vkosnu fujLr djuk & f}rh; vihy dh iks"k.kh;rk & vfHkfu/kkZfjr ... ... In view of above decision of ....
2025 Supreme(Online)(P&H) 4956 • India - IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
SUMEET GOEL, J
Ultimately, the application for condonation of delay is dismissed, leading to the dismissal of the main appeal. ... The present application seeks condonation of delay of 2500 days in appealing against the acquittal of respondents under Sections ... A liberal approach, undoubtedly, ought to be accorded to a plea for condonation of delay made under Section 5 of The Limitation Act, 1963 so as to further the cause of substantial justice. ... The concept of substantial justice essentially....
2025 Supreme(Online)(Gau) 8311 • India - IN THE HIGH COURT OF TRIPURA AT AGARTALA
Judge, J
Limitation Act, 1963 and in the light of the departure made from the previous position obtaining under Art.182 of the Limitation Act, 1908. ... , in view of S.3 of the Limitation Act. ... Sitaram Jayanarayan Firm represented by Ramnibas, 1984 (58) CLT 248 (F.B) : (AIR 1984 Ori. 230), held that an order rejecting a memorandum of appeal or dismissing an appeal following the rejection of an application under S.5 of the Limitation #HL_....
2025 Supreme(Online)(Ker) 33896 • India - IN THE HIGH COURT OF KERALA AT ERNAKULAM
SUSHRUT ARVIND DHARMADHIKARI, SYAM KUMAR V.M., JJ
(A) Limitation Act, 1963 - Section 5 - Condonation of delay - Appeal filed with a delay of 1065 days - Delay unexplained and deemed ... ... ... Findings of Court: ... Insufficient explanation for the delay led to rejection of the application for condonation, reflecting ... This application is filed under Section 5 of the Limitation Act seeking condonation of delay in filing the writ appeal. The present writ appeal is barred by 1....
2024 0 Supreme(All) 2246 • India - Allahabad
DINESH PATHAK
Consolidation of Holdings Act, 1953 - Section 9(A)2 - Limitation Act, 1963 - Delay in filing restoration application - The petitioner ... ... ... Result: Writ petition dismissed. ... challenged the rejection of his restoration application for a title dispute based on a gift deed, asserting that the delay was due ... At belated stage, petitioner has filed restoration application dated 24.03.2000 (Annexure no.3) supported by affidavit along with an application for condonation....
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