AI Overview...
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Condonation of Delay in Applications - Courts frequently exercise discretion to condone delays in filing suits, appeals, or applications, provided sufficient cause is shown. Such discretion is generally upheld on revision unless there is a clear error or illegality. For instance, the trial court's exercise of discretion under Section 5 of the Limitation Act, 1963, in restoring suits after delay is not usually disturbed CHANDRA KANT VS ADDL. DISTRICT JUDGE, JAUNPUR - Allahabad.
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Legal Standards for Condonation - The applicant must establish a 'sufficient cause' for the delay. If no such cause is proved, the application for condonation is dismissed outright. When sufficient cause is demonstrated, courts then exercise their discretion to decide whether to condone the delay, considering the circumstances of each case Sri Santi Ranjan Chatterjee VS Anuj Kumar Ray - Consumer, Chairman, Bihar State Electricity Board, Vidyut Bhavan, Bailey Road, Patna, Bihar VS Yusuf Khan - Consumer.
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Judicial Approach to Delays - Courts assess the reasons for delay, such as illness, administrative delays, or procedural issues. For example, delays due to sickness or official bottlenecks have been accepted as sufficient causes in some cases, while frivolous or habitual delays are not condoned SS ONN THE GO, Unit of M/s. Eatbud Food Pvt. Ltd. VS Mridul Jain - Consumer, Wadhya Mal VS Prem Chand Jain - Supreme Court.
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Limitations and Discretion - Though delay can sometimes be condoned, courts emphasize that gross negligence or lack of genuine cause cannot be overlooked. The burden is on the applicant to prove sufficient cause convincingly Branch Manager, New India Assurance Company Ltd. VS Mamta Thappa - Consumer.
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Specific Cases and Applications - Several cases highlight that delays of over 500 days are scrutinized carefully. If the applicant fails to demonstrate sufficient cause, the delay condonation application is dismissed, and the main matter is disposed of accordingly General Manager, Sawai Madhopur Co-operative Upbhokta VS Ravindra Singh Jadoun - Consumer, NATIONAL INSURANCE COMPANY LTD VS SURESH KUMAR - Rajasthan.
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Procedural Consistency - Courts follow established parameters for condoning delays, ensuring that procedural justice is maintained without encouraging laxity. The decision to condone delay is often based on the facts presented and the reasons provided by the applicant Sri Santi Ranjan Chatterjee VS Anuj Kumar Ray - Consumer, Chairman, Bihar State Electricity Board, Vidyut Bhavan, Bailey Road, Patna, Bihar VS Yusuf Khan - Consumer.
Analysis and Conclusion: Condonation of delay is a discretionary judicial power exercised to promote justice, especially when genuine causes are shown. Courts require clear, convincing reasons for delay, and if such are absent, applications are dismissed to uphold procedural integrity. Proper application of Section 5 of the Limitation Act and relevant procedural rules ensures delays are condoned only in deserving cases, maintaining a balance between fairness and discipline in judicial proceedings.
Search Results for "Dealy can be Condonatin Appliction"
2006 0 Supreme(All) 671 • India - Allahabad
UMESHWAR PANDEY
[Para 6] ... (B) Restoration application—Condonation of dealy—Trial Court ... (A) Limitation Act, 1963—Section 5—Condonation of delay—In restoration of suit—Discretion exercised by trial Court—For permitting ... condonation of delay under Section 5 of Act—Not to be usually disturbed by the Court exercising revisional jurisdiction—Unless the ... This petition challenges the order dated 20.10.2005 restoring the suit after granting the delay condonation application under....
• India - Consumer
K.S.CHAUDHARI, B.C.GUPTA
Consumer Protection Act, 1986—Sections 15, 17, 19 and 21—Appeal—Dealy of 658 days in filing of appeal—State Commission dismissed ... for condonation of delay of 658 days—No illegality, irregularity or jurisdiction error in impugned order and revision petition is ... taken contradictory stand before District Forum and State Commission and in such circumstances, State Commission rightly dismissed application ... Later on, OP filed application on 9.2.2012 for recall of the order dated 1.4.2011 allowing complaint, but that ....
• India - Consumer
J.M.MALIK, VINAY KUMAR
(i) Consumer Protection Act, 1986—Sections 17, 19 and 21—Appeal—Dealy—Dealy of 557 days in filing of appeal—It has become a fashion ... If ‘sufficient cause’ is not proved nothing further has to be done; the application for condonation has to be dismissed on that ground alone. If ‘sufficient cause’ is shown then the Court has to enquire whether in its discretion it should condone the delay. ... New Okhla Industrial Development Authority4 it has been held that “It is also apposite to observe that while deciding an #HL_S....
• India - Consumer
VINAY KUMAR, J.M.MALIK
Consumer Protection Act, 1986—Section 17—Limitation Act, 1963—Section 5—Appeal—Dealy—Condonation—Departmental and procedural delays ... defeat very purpose of Section 5 of Limitation Act—There must be some cause that must be sufficient one for the purpose of delay condonation—Revision ... We have perused the application for condonation of delay moved before the State Commission. The learned State Commission has observed that the reason assigned for such late filing is the time consumed in the official p....
1987 0 Supreme(Del) 131 • India - Delhi
LEELA SETH
He filed an application for leave to defend along with an application for condonation of delay on July 20, 1985, claiming he suffered ... CONDONATION OF DELAY - LEAVE TO DEFEND - SECTION 14 (1) (E) OF THE DELHI RENT CONTROL ACT, 1958 - DELAY IN FILING APPLICATION ... The Additional Rent Controller dismissed the application for condonation of delay, finding insufficient cause for the delay. ... ... ( 4 ) ON 20/07/1985, the petitioner filed an application#HL_....
• India - Consumer
AJIT BHARIHOKE, REKHA GUPTA
Consumer Protection Act, 1986—Section 21—Revision—Delay—Dealy of 65 days in filing of revision petition—Delay in procurement of certified ... for condonation of delay is without any merit as well as having no legal basis and is not maintainable—Revision Petition dismissed ... gross negligence cannot be condoned—There is no sufficient cause to condone delay of 65 days in filing present revision petition—Application ... Learned counsel for the respondent on the contrary has vehemently urged for dismissal of the application....
1981 0 Supreme(SC) 258 • India - Supreme Court
BAHARUL ISLAM, D.A.DESAI
condonation of delay — held there was some justification for delay and that when other two appeals on the same subject matter are ... Thereafter the appellant filed an appeal against the award which was obviously time-barred and his application for condoning dealy was rejected on the ground that his moving from pillar to post would not be a sufficient ground for condoning the dealy. ... There was some ex parte proceedings and the application was made to set aside the same. By an application#HL....
2015 0 Supreme(Del) 3323 • India - Delhi
BADAR DURREZ AHMED, SANJEEV SACHDEVA
... CM No.16225/2015 (for condonation of dealy) ... The delay is condoned. The application stands disposed of.
1999 0 Supreme(Raj) 208 • India - Rajasthan
A.K.SINGH
Final Decision: The court dismissed the application for condonation of delay and the main appeal. ... LIMITATION ACT - SECTION 5 - CONDONATION OF DELAY - CORPORATE BODY - DELAY IN FILING APPEAL - EXPLAINED - SUFFICIENT CAUSE - NOT ... The appellant sought condonation of delay under Section 5 of the Limitation Act, citing various reasons for the delay, including ... The application under Section 5 of the Limitation Act is hereby dismissed. The main appeal stands disposed of accordingly. Appli....
• India - Consumer
ANUP K.THAKUR, C.VISWANATH
... Result: Delay condonation application and consequently revision ... Ground of dealy was that due to sickness of the mother and due to paucity of staff, the file could not be inspected. ... The claimant had to make out a case for delay condonation. The burden is on the applicant to prove sufficient cause for delay. ... The application is to be decided only within the parameters laid down by this court in regard to the condonation of delay. ... In the condonation #H....
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