AI Overview...
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Condonation of Delay - Several sources discuss the legal scope and limitations of tribunals and authorities in condoning delays in filing appeals or applications. It is emphasized that tribunals possess the power to condone delays under specific statutory provisions, such as Section 135(2) of the West Bengal Co-operative Societies Act, 1983, but this power is subject to judicial scrutiny and limitations. For instance, delays beyond a reasonable period, like 90 days, are generally scrutinized, and courts tend to exercise caution, considering whether the delay is due to laches or genuine reasons Thalassery Co operative Rural Bank Ltd. VS State of Kerala - Kerala, Suchitra Roy VS State of West Bengal - Calcutta.
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Jurisdiction and Judicial Review - Several references highlight that tribunals and authorities act as instrumentalities of the State, with their actions subject to judicial review to prevent arbitrary decisions. Judicial review ensures that delays or procedural lapses are not used as a pretext to deny justice, provided the delay is within reasonable bounds and justified Bombay Telephone Canteen Employees Association, Prabhadevi Telephone Exchange VS Union Of India - Supreme Court.
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Specific Cases of Delay Condonation - Cases such as the rejection of appeals due to delay of 116 days or more demonstrate that tribunals often refuse condonation if the delay is deemed unreasonable or lacks sufficient cause. Conversely, tribunals have condoned delays when the reasons are compelling and within the permissible statutory limits, emphasizing the importance of justifications for delay ADITYA NATH PATHAK VS DISTRICT ASSISTANT REGISTRAR CO-OPERATIVE SOCIETIES, VARANASI - Allahabad, NIKHILESH BAGCHI VS METROPOLITAN CO-OPERATIVE HOUSING SOCIETY LTD. - Calcutta.
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Limitations and Principles - Courts and tribunals follow principles that discourage excessive delays, considering whether the delay amounts to laches. Judicial pronouncements suggest a cautious approach, with a tendency to deny condonation if delays are unreasonable or if procedural lapses are not satisfactorily explained Thalassery Co operative Rural Bank Ltd. VS State of Kerala - Kerala.
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Critical Insights - The power to condone delay is not absolute; it must be exercised judiciously, balancing the need for justice with procedural discipline. The courts have reiterated that condonation should be granted only when justified by genuine reasons, and delays caused by neglect or inaction are less likely to be condoned V. Rajarethinam VS Registrar of Co-op. Society (Housing), Nandanam - Madras, GOBINDA CHANDRA MANNA @ GOBINDA MANNA VS PILKHAN MAJHPARA SAMABAY KRISHI UNNAYAN SAMITY LTD. - Calcutta.
Analysis and Conclusion:
Tribunals and courts recognize their authority to condone delays in filing appeals or applications under relevant statutes, but this power is constrained by principles of fairness and reasonableness. Excessive or unexplained delays are generally not condoned, and judicial review acts as a safeguard against arbitrary denial of justice. The key is to establish genuine and sufficient reasons for the delay; otherwise, the delay may be deemed as laches, leading to dismissal or rejection. Overall, condonation is a discretionary power that must be exercised judiciously, ensuring procedural discipline without compromising the substantive right to seek relief.
Search Results for "Condone Delay Review Cooperative Tribunal"
1997 6 Supreme 285 • India - Supreme Court
D.P.WADHWA, K.RAMASWAMY
has jurisdiction to go into or the employee may avail of judicial review or common law review. ... The remedy of judicial review to every citizen or every person has expressly been provided in the Constitution. ... Its actions are controlled as an instrumentality of the State and the rules are made amenable to judicial review. ... -This special leave petition has come up directly, from the award of the Central Government Industrial Tribunal No. 2, Bombay, made on August 9, 1996 in Reference No. CGIT-2/2....
• India - Punjab and Haryana
RAJIV NARAIN RAINA
The second order allowed the appeal of Budhewal Cooperative Sugar Mills Ltd. and remanded the case for re-assessment of penalty. ... 5 - Section 29(2) - The judgment discusses the applicability of Section 14(2) of the Limitation Act in a proceeding before the Tribunal ... Issues: The main issue was the applicability of Section 14(2) of the Limitation Act in a proceeding before the Tribunal and ... , therefore, the Tribunal has no jurisdiction to condone the delay beyond the extended p....
2004 0 Supreme(Cal) 599 • India - Calcutta
BHASKAR BHATTACHARYA
Whether the Tribunal had jurisdiction to condone the delay in filing the application under Order 41 Rule 21 of the CPC, in view of ... The Tribunal condoned the delay in filing the application and allowed the same, thereby recalling the order passed in the petitioner's ... the fact that the period of 90 days from the date of order has been fixed as the maximum period for preferring an application for review ... to condone the delay ....
1998 0 Supreme(Guj) 268 • India - Gujarat
C.K.THAKKER, A.L.DAVE
before the Cooperative Tribunal as in the eye of law the order passed by the Tribunal was merged with the order passed by the learned ... that he has filed this appeal soon after dismissal of second review application by Tribunal in year 1998 - Held, application & So ... days - Appellant can not claim benefit of having filed two successive applications of review before Co-operative Tribunal & alleged ... Again, another review application was filed b....
2016 0 Supreme(Ker) 1439 • India - Kerala
DAMA SESHADRI NAIDU
Kerala Co operative Societies Act 1969 - Section 84 - Revision by Tribunal - Delay - Limitation - When condone ... It is more a question of laches than delay - Court while exercising its powers of judicial review would be slow to interfere with ... - Whether Tribunal set principle - When warranted - Held, The upshot of the judicial pronouncements is that this Court has never ... The learned Single Judge has held that if a revision is filed beyond a reasonable time limit, say ninety day....
2019 0 Supreme(Cal) 19 • India - Calcutta
HIRANMAY BHATTACHARYYA
West Bengal Cooperative Societies Act, 2006. ... challenged a judgment and order passed by the West Bengal Co-operative Tribunal in a dispute case filed under Section 102 of the ... West Bengal Cooperative Societies Act - Dispute Case - Section 102, Article 227 - 52 Fact of the Case: The defendant ... The defendant filed an application for review before the learned Tribunal which gave rise to Review Case No.3 of 2016. ... In the said judgment it was held that the provision of Section ....
2002 0 Supreme(All) 609 • India - Allahabad
M.KATJU, RAKESH TIWARI
, a Sachiv in a cooperative society, was suspended and subsequently declared disqualified for embezzlement. ... He filed an appeal, which was rejected due to delay. ... Delay Condonation - Co-operative Societies - Section 68(2), Section 98(g) - Summary Fact of the Case: The petitioner ... ... ( 6 ) THE contention of the petitioner is that the order dated 8. 10. 1999 passed by the Tribunal refusing to condone the delay in filing the appeal, which was time barred by 116 days, is agains....
2002 0 Supreme(Cal) 675 • India - Calcutta
Amitava Lala
TO CONDONE DELAY - SCOPE AND AMBIT. ... Whether the Tribunal had the power to condone the delay under section 135(2) of the West Bengal Co-operative Societies Act, 1983? ... not apply to the appeal and the Tribunal had the power to condone the delay under section 135(2) of the West Bengal Co-operative ... Therefore delay cannot be condoned by the Tribunal is an absurd proposition of law. ... On th....
2015 7 Supreme 707 • India - Supreme Court
T.S.THAKUR, V.GOPALA GOWDA
... The appellants then filed a Review Petition challenging the order ... ... The learned Karnataka Appellate Tribunal allowed the appeal filed ... ... The appellants filed an appeal before the Karnataka Appellate Tribunal ... I am somewhat distressed at the way the Tribunal has dealt with the appeals and has condoned the inordinate and inexplicable delay in filing the appeals. On the principles of regulating the condonation of delay, the Tribunal ....
2014 0 Supreme(Mad) 358 • India - Madras
S.MANIKUMAR
application the Registrar is required to return the said application for clearing of defects and ask for resubmission and also condone ... should have condoned the delay rather than out rightly rejection the application without giving sufficient reasons for rejection ... Director of Co-operative Housing societies- Appeal u/s 152 of the Act against the said order was filed with a delay of eleven days ... The appeal as well as the condone delay application could have been returned with a....
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