AI Overview...
-
Adversarial vs. Non-Adversarial Litigation - Several sources highlight that litigation can be adversarial, involving contestation between parties, or non-adversarial, often involving public interest or social context adjudication. The distinction influences procedural aspects such as condonation of delay and the nature of proceedings. Courts emphasize that non-adversarial cases, like environmental or social issues, should not be treated as typical adversarial litigation to ensure justice and social welfare (e.g., Reliance Industries Limited VS Securities And Exchange Board Of India - Supreme Court, State of Maharashtra & another VS Maharashtra Land Development Corporation & another - Bombay, Muhurtaam Event Management Pvt. Ltd. VS T. K. S. Villalan - Madras, RAZA AHMAD VS STATE OF CHHATITISGARH THROUGH SECRETARY HOUSING & ENVIRONMENT - National Green Tribunal).
-
Condonation of Delay - Courts have recognized the importance of considering the social context and the nature of the case when deciding on condonation of delay. In non-adversarial or public interest cases, delays may be condoned to promote substantive justice, especially when the litigation aims at environmental protection or social welfare (e.g., State of Maharashtra & another VS Maharashtra Land Development Corporation & another - Bombay, RAZA AHMAD VS STATE OF CHHATITISGARH THROUGH SECRETARY HOUSING & ENVIRONMENT - National Green Tribunal, 00100007941).
-
Impact of Social Context - The law is increasingly acknowledging the shift from purely adversarial proceedings to social context adjudication, especially in cases involving environmental concerns or social relationships. Courts are cautious to ensure that procedural rules do not hinder substantive justice in such cases (e.g., Roopa Soni VS Kamalnarayan Soni - Supreme Court, SMT. ROOPA SONI vs KAMALNARAYAN SONI - Supreme Court, State of Maharashtra & another VS Maharashtra Land Development Corporation & another - Bombay).
-
Legal Principles on Subject-Matter and Litigation - Several judgments clarify that the scope of litigation, including issues like subject-matter and delay, must be understood in context. For example, the term subject-matter does not necessarily mean property and must be interpreted considering the specific case, which influences decisions on the maintainability of appeals and condonation applications (HPCL BIO-FUELS LTD. vs SHAHAJI BHANUDAS BHAD - Supreme Court, HPCL Bio-Fuels Ltd. VS Shahaji Bhanudas Bhad - Supreme Court).
-
Special Considerations in Public Interest Litigation - Courts recognize that public interest litigation often involves non-adversarial proceedings aimed at societal or environmental benefits. Such cases require a nuanced approach, including consideration of delays and procedural lapses, to serve the larger public good (RAZA AHMAD VS STATE OF CHHATITISGARH THROUGH SECRETARY HOUSING & ENVIRONMENT - National Green Tribunal, State of Maharashtra & another VS Maharashtra Land Development Corporation & another - Bombay).
Analysis and Conclusion:
The compilation of these sources underscores that delay in non-adversarial litigation, particularly in appeals related to social, environmental, or public interest issues, should be assessed with flexibility. Courts are inclined to condone delays and treat such cases with a social context approach, diverging from strict adversarial procedural norms. This approach promotes substantive justice, acknowledging the unique nature of non-adversarial and public interest cases, and emphasizes that procedural technicalities should not hinder the resolution of issues vital to societal welfare (Reliance Industries Limited VS Securities And Exchange Board Of India - Supreme Court, Roopa Soni VS Kamalnarayan Soni - Supreme Court, SMT. ROOPA SONI vs KAMALNARAYAN SONI - Supreme Court, RAZA AHMAD VS STATE OF CHHATITISGARH THROUGH SECRETARY HOUSING & ENVIRONMENT - National Green Tribunal, State of Maharashtra & another VS Maharashtra Land Development Corporation & another - Bombay).
Search Results for "Condoanation of Delay in Non Adversarial Litigation on an Appeal over Conversion"
2022 7 Supreme 90 • India - Supreme Court
N. V. RAMANA, J. K. MAHESHWARI, HIMA KOHLI
Result : Appeal dismissed. ... Whether this appeal is maintainable? ii. ... (Paras 42, 43, 45 and 46) (D) Indian Evidence Act, 1872 – Section 129 – Litigation privilege – Legal advice ... ; (c) the litigation must be adversarial, not investigative or inquisitorial.” ... The distinction in application of this privilege qua adversarial and investigative litigation/inquisitorial litigation is reasoned by English Courts in In Re K (Infants), [1965] AC ....
2023 6 Supreme 264 • India - Supreme Court
SANJIV KHANNA, M. M. SUNDRESH
Result : Appeal allowed. ... Accordingly, they are set aside and the appeal stands allowed by granting a decree of divorce. ... medical examination of appellant–Wife, alleging she was living in adultery and had given birth to a child during the period of non-cohabitation ... While dealing with cases under this provision, drift in the approach from “adversarial” litigation to social context adjudication is the need of the hour. 16. The law regulates relationships between people. It prescribes patter....
2023 Supreme(Online)(SC) 12192 • India - Supreme Court
M.M. SUNDRESH, SANJIV KHANNA, JJ
(Paras 7-19) ... ... Result: Appeal allowed, granting decree of divorce. ... While dealing with cases under this provision, drift in the approach from “adversarial” litigation to social context adjudication is the need of the hour. 16. The law regulates relationships between people. It prescribes patterns of behaviour. ... Apart from the social-economic inequalities accentuating the disabilities of the poor in an unequal fight, the adversarial process itself operates to the disadvantage of the weaker party. ... ....
2024 Supreme(Online)(SC) 11480 • India - Supreme Court of India
HON'BLE THE CHIEF JUSTICE, HON'BLE MR. JUSTICE J.B. PARDIWALA, HON'BLE MR. JUSTICE MANOJ MISRA
(Paras 62, 131) ... ... Result: Appeal allowed; impugned order set aside. ... For deciding that question we have to see whether the suit from which this appeal arises is in respect of the same subject-matter that was in litigation in the previous suit. The expression “subject-matter” is not defined in the Civil Procedure Code. It does not mean property. ... Section 5 would then have read that the Court might condone delay beyond the time prescribed by limitation for filing an application or appeal, i....
2024 0 Supreme(SC) 1005 • India - Supreme Court
D. Y. CHANDRACHUD, J. B. PARDIWALA
... ... Result: Appeal allowed; the impugned order set aside. (Paras 131-134) ... For deciding that question we have to see whether the suit from which this appeal arises is in respect of the same subject-matter that was in litigation in the previous suit. The expression “subject-matter” is not defined in the Civil Procedure Code. It does not mean property. ... Section 5 would then have read that the Court might condone delay beyond the time prescribed by limitation for filing an application or appeal,....
2015 0 Supreme(Del) 4553 • India - Delhi
GITA MITTAL, P.S.TEJI
Act, 1932 - Costs - Having consented to and participated with alacrity in the process of sale of the premises, the unfortunate appeal ... of the defendants and the proceedings before the learned Single Judge are unassailable being completely in consonance with law - Appeal ... ... (iv) Conversion of the physical shareholding of the properties into monetary terms ("pay half of the amount to the other party"). ... Given the conduct of the appellants, if the appeal was rejected on this ground, the question of maintainabili....
2024 Supreme(Online)(DEL) 371 • India - High Court of Delhi
JUSTICE PRATHIBA M. SINGH, J
... ... Result: Appeals and petition dismissed; the case is to be treated as a single dispute for adjudication. ... Arbitration and Conciliation Act, 1996 - Sections 14 and 37(2) - Disputes arising from Works Contract and Settlement Agreement - Appeals ... (Paras 1-98) ... ... (B) Group of Companies Doctrine - Non-signatories may be bound by arbitration ... Further, the application moved on 17th February, 2023 by SPCPL seeking condonation of delay in filing its SoC was allowed, and the dela....
2003 0 Supreme(Bom) 1169 • India - Bombay
S.RADHAKRISHNAN, C.K.THAKKER
;Maharashtra Private Forest (Acquisition) Act, 1975 - Sections 2(C-1), (f) and 6 - Nature of land - Forest or non ... The Court observed: ... "This litigation should not be treated as the usual adversarial litigation. Petitioners are acting in aid of a purpose high on the national agenda. Petitioner's concern for the environment, ecology and the wild life should be shared by the Government. ... It appears that taking clue of the above observations of the Apex Court, the petitioner again approached the Maharashtra Revenue....
2020 0 Supreme(Mad) 2173 • India - Madras
AMRESHWAR PRATAP SAHI, SENTHILKUMAR RAMAMOORTHY
been challenged in separate proceedings or may be subjected to challenge otherwise, with which we are not dealing with in instant appeals ... He has then invited the attention of the Court to the provisions of Section 92 of the Civil Procedure Code to contend that this being a non-adversarial form of litigation, in the instant case, there being no original deed of trust having been framed by the propounder, the management of the trust has ... The present case even though began for the sole object of getting elections of ....
2022 Supreme(Online)(NGT) 1418 • India - National Green Tribunal BHOPAL (CENTRAL ZONE BENCH)
The Court needs to be conscious of all aspects in a non-adversarial public interest litigation where public interest is the sole premise of enquiry. 16. ... Managing Committee of Raghunathpur Nafar Academy and others [JT 2013 (12) SC 450), where the Court was primarily concerned with the condonation of delay in filing an appeal. ... In the instant case, the case of the appellant is the issue of conversion of green belt for industrial purpose and the grant of environme....
Filter by Legal Phrase
