AI Overview...
- Condonation of Delay - Main points and insights:
- Delay can be condoned if sufficient cause is established, and the delay is not due to mala fide or deliberate neglect Bimla Devi VS Radhyshaym Patwa @ Radhiya Patwa - Patna, Girish Chand Verma VS Arvind Kumar - Allahabad, Girish Chand Verma VS Arvind Kumar - Current Civil Cases.
- The courts emphasize that the cause must be bona fide and free from malice; mere procedural lapse without malafide intent can justify condonation Girish Chand Verma VS Arvind Kumar - Allahabad, Ramjibhai Chamanbhai VS UNION OF INDIA - Gujarat.
- The assessment of sufficient cause is a question of fact, dependent on the specific circumstances of each case Ramjibhai Chamanbhai VS UNION OF INDIA - Gujarat, HARYANA URBAN DEVELOPMENT AUTHORITY VS HARYANA PETRO CHEMICALS LTD. - Consumer.
- Repeated stale explanations or casual approaches to delay do not favor condonation; genuine reasons such as communication gaps or misimpression about higher authority decisions are considered valid RASHTRIYA MAZDOOR UNION VS HINDUSTAN PETROLEUM CORPORATION LTD. - Gujarat, Ramjibhai Chamanbhai VS UNION OF INDIA - Gujarat.
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Technicalities should not prevent parties from being heard, and irregularities in considering delay should be rectified Girish Chand Verma VS Arvind Kumar - Current Civil Cases.
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Main Points Regarding Judgement in Favor of Defendant:
- The courts tend to favor defendants when the delay is properly explained, bona fide, and not malicious Girish Chand Verma VS Arvind Kumar - Allahabad, RASHTRIYA MAZDOOR UNION VS HINDUSTAN PETROLEUM CORPORATION LTD. - Gujarat.
- In cases where delay is condoned, the courts have allowed the case to proceed on merits, acknowledging the absence of deliberate delay Bimla Devi VS Radhyshaym Patwa @ Radhiya Patwa - Patna, Girish Chand Verma VS Arvind Kumar - Current Civil Cases.
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Judicial parameters for condonation involve examining the cause, conduct of parties, and whether the delay was due to genuine reasons or mala fide intent Ramjibhai Chamanbhai VS UNION OF INDIA - Gujarat.
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Analysis and Conclusion:
- The overarching principle is that delay should be condoned if the applicant demonstrates a bona fide cause without malice or deliberate neglect. Courts are cautious to prevent abuse of the process but also recognize genuine lapses.
- The decision to favor the defendant through condonation hinges on the nature of the cause, with courts generally leaning towards allowing cases to be decided on merits when delay is satisfactorily explained.
- Proper application of legal provisions (e.g., Section 5 of Limitation Act, Order 47 CPC) and adherence to judicial parameters ensure fairness and justice in condoning delays Girish Chand Verma VS Arvind Kumar - Current Civil Cases, Girish Chand Verma VS Arvind Kumar - Allahabad.
References: - Bimla Devi VS Radhyshaym Patwa @ Radhiya Patwa - Patna - Commissioner, Bangalore Development Authority VS Mruthyunjaya, S/o B. Thimma Reddy - Karnataka - Girish Chand Verma VS Arvind Kumar - Allahabad - HARYANA URBAN DEVELOPMENT AUTHORITY VS HARYANA PETRO CHEMICALS LTD. - Consumer - Girish Chand Verma VS Arvind Kumar - Current Civil Cases - Ramjibhai Chamanbhai VS UNION OF INDIA - Gujarat - RASHTRIYA MAZDOOR UNION VS HINDUSTAN PETROLEUM CORPORATION LTD. - Gujarat - The State of Tripura and 2 others vs Shri. Priyalal Majumder - Tripura - The State of Tripura and 2 Ors vs Sri Swapan Kumar Bhattacharya and 73 Ors - Tripura - The State of Tripura and 2 others vs Sri. Ratan Kumar Das - Tripura
Search Results for "Codonatiof of Delay Juddgement in Favour of Defendent"
2006 0 Supreme(Pat) 316 • India - Patna
NAVANITI PRASAD SINGH
condonation of delay - Partition Suit - sec. 58 of the Evidence Act, sec. 44 of the Transfer of Property Act, sec. 4 of the Partition ... Subsequently, defendant No. 6 demolished the dwelling house on his share. ... Defendant No. 6 purchased the shares of all co-sharers except the plaintiffs, leaving them with 1/7th share. ... For the reasons explained in the application of codonation of delay, the delay is condoned. The application is allowed. ... 2. Heard Mr. Daronachaya, learned co....
2016 0 Supreme(Kar) 518 • India - Karnataka
ASHOK B.HINCHIGERI
If the error is so apparent that without further investigation or enquiry, only one conclusion can be drawn in favour of the applicant, the review will lie. Under the guise of review, the parties are not entitled to the rehearing of the same issue. ... The averments contained in paragraph No.5 of the affidavit are vague and hence they do not make out a case for the codonation of delay of 564 days. Paragraph No.5 of the affidavit reads as follows: ... “5. I state that there is delay of 564 days in filing the above appeal.....
2019 0 Supreme(All) 1035 • India - Allahabad
HARSH KUMAR
, and they had shown sufficient cause for condonation of delay. ... It also highlighted that 'sufficient cause' for condonation of delay means a cause that is not malafide. ... Indian Limitation Act - Condonation of Delay - Order IX Rule 13 of Code of Civil Procedure - [Order V Rule 1, Order V Rule 20( ... The learned trial court has acted wrongly with material irregularity in not considering that there was no malafide and deliberate delay on the part of defendants-appellants as well as in not exercising discretion in #H....
• India - Consumer
R.K.BATTA, P.D.SHENOY
to condone the delay. ... related to sufficient cause for excusing delay. ... The State Commission dismissed the appeal due to insufficient cause for condoning the delay. ... Can such an approach continue indifferently and repeatedly and no attempt should be made to improve the working of the official machinery for all times to come Can a body that repeatedly comes out with the same stale explanation for condoning delay deserves exercise of discretion in its favour p ... The first consideration is that....
• India - Current Civil Cases
HARSH KUMAR
Limitation Act, 1963—Section 5—Code of Civil Procedure, 1908—Order V Rules 1, 5 and 20 (1-A) and Order IX Rule 13—Condonation of delay—Exparte ... in moving of the application—Held that, The application for condonation of delay under Section 5 of Limitation Act stands allowed ... technicalities must not come in the way for affording opportunity of hearing to parties—No deliberate or intentional delay was caused ... The learned trial court has acted wrongly with material irregularity in not considering that there was no malafide and delibe....
2005 0 Supreme(Guj) 454 • India - Gujarat
BHAWANI SINGH, H.K.RATHOD
justice where no gross negligence or deliberate inaction or lack of bona fides is imputable to the party seeking condonation of delay ... After having received adverse order from Additional divisional Railway Manager dated 28. 12. 1994. he may be under the impression that higher authority may decide the revision petition in his favour. ... SCC 72]it was held that whether or not there is sufficient cause for condonation of delay is a question of fact dependent upon the facts and circumstances of the particular case. In Mi....
2005 0 Supreme(Guj) 372 • India - Gujarat
H.K.RATHOD
Court of the opinion that the delay on the part of the applicant is bona fide and not deliberate. ... out station, there was communication gap between two advocate and the union, therefore, bona fide lapse, there is no deliberate delay ... After having received adverse order from Additional Divisional Railway Manager dated 28. 12. 1994, he may be under the impression that higher authority may decide the revision petition in his favour. ... "the facts which are not in dispute are as under: the award made by the industrial tribunal is chall....
• India - High Court of Tripura
writ petitions claiming similar and identical benefit as was granted in dated 10.09.2004 and thereafter extend the benefits in favour ... Thus, initial judgement of the learned single judge petition that the learned Single Judge had dealt with and corresponding interim applications seeking codonation ... The parameters are prescribed in Order 47 of the CPC and for the purposes of this lis, permit the defendant p style
• India - Tripura
writ petitions claiming similar and identical benefit as was granted in dated 10.09.2004 and thereafter extend the benefits in favour ... Thus, initial judgement of the learned single judge petition that the learned Single Judge had dealt with and corresponding interim applications seeking codonation ... The parameters are prescribed in Order 47 of the CPC and for the purposes of this lis, permit the defendant p style
• India - High Court of Tripura
writ petitions claiming similar and identical benefit as was granted in dated 10.09.2004 and thereafter extend the benefits in favour ... Thus, initial judgement of the learned single judge petition that the learned Single Judge had dealt with and corresponding interim applications seeking codonation ... The parameters are prescribed in Order 47 of the CPC and for the purposes of this lis, permit the defendant p style
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