AI Overview...
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Delay and Condonation of Delay - Courts have emphasized strict adherence to statutory time limits for filing appeals, applications, or amendments, but also recognize the importance of condoning delays where justified. Examples include cases where applications for condonation were filed early or where courts exercised discretion to extend periods (e.g., Padmashree Dr. D. Y. Patil Medical College VS Medical Council of India - Supreme Court, Sachidanand Singh, S/o. Late Ram Nandan Singh VS State of Jharkhand - Jharkhand, Lakshmi Energy & Food Ltd. VS Reserve Bank of India - Dishonour Of Cheque).
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Suit Revaluation and Amendment - Courts have allowed amendments to suit pleadings at preliminary stages, especially for revaluation purposes related to court fees or jurisdiction, provided the amendments are sought early in proceedings (KAMAL SHARMA VS BLUE COAST INFRASTRUCTURE DEVELOPMENT PVT LTD. - Delhi).
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Rejection of Suit or Appeal Due to Limitation - Several cases highlight rejection of suits or appeals when filed beyond statutory limitation periods, especially when no sufficient condonation was granted or when the limitation period was explicitly statutory, as seen in tax refund cases under Section 11B and GST (NATIONAL WINDER VS PRESIDING OFFICER, EMPLOYEES PROVIDENT FUND APPELLATE TRIBUNAL, NEW DELHI - Allahabad, NATIONAL WINDER VS PRESIDING OFFICER, EMPLOYEES PROVIDENT FUND APPELLATE TRIBUNAL, NEW DELHI - Allahabad, Bharat Ukaji VS Arvind Mills Ltd. - Gujarat).
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Statutory vs. Contractual Obligations - Certain cases clarify that obligations under restructuring or recovery schemes are statutory, and delays in compliance may be subject to condonation, but courts maintain adherence to statutory timelines unless compelling reasons are shown (Lakshmi Energy & Food Ltd. VS Reserve Bank of India - Dishonour Of Cheque).
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Judicial Discretion and Fairness - Courts balance strict statutory compliance with equitable considerations, exercising discretion to condone delays in genuine cases, especially where procedural lapses or lack of opportunity to be heard are involved (Lalita Devi VS Surajdeo Singh - Patna, Padmashree Dr. D. Y. Patil Medical College VS Medical Council of India - Supreme Court).
Analysis and Conclusion:
While statutory periods for filing suits, appeals, or amendments are strictly enforced, courts show flexibility in condoning delays when justified, especially at early stages or for procedural amendments. Rejections primarily occur when delays are unreasoned or beyond permissible limits. The key is timely application and adherence to statutory procedures, with courts exercising discretion to ensure justice without undermining procedural integrity.
Search Results for "Delay Court Fee Rejected Suit Revaluation Statutory Period Condonation of Delay"
2016 0 Supreme(Del) 1609 • India - Delhi
VIPIN SANGHI
of suit - Jurisdiction - Amendment, allowed - Amendment sought to re-value the suit for the purpose of Court Fees and jurisdiction ... Courts, Commercial Division and Commercial Appellate Division of High Courts Act, 2015 - Section 2(1)(c) - Amendment of plaint - Revaluation ... - Suit is at the preliminary stage - Application for amendment has been moved early in the proceedings- Even written statements ... The amended plaint be also filed during the same period. ... 54. ... The #HL_....
• India - Gujarat
H.K.RATHOD
- Order passed by Labour Court allowing restoration and condoning delay of years contrary to provisions - Rightly set aside by Industrial ... - Not objected to by workman at relevant time - Application filed by workman for restoration of application after unexplained delay ... Application preferred by workman against termination of services -Withdrawn by his advocate while filing withdrawal pursis before Labour Court ... Same are, therefore, rejected. ... The first respondent therefore rightly #HL_START....
2006 0 Supreme(All) 1761 • India - Allahabad
V.K.SHUKLA
by appellate authority being time-barred—Contention of petitioner for condonation of delay that no opportunity of hearing was given ... of delay in prefering appeal—However, that further period could not be extended for more than 60 days—Various dates have been fixed ... petitioner, for non-payment of provident fund dues, and non-submission of provident fund return—Appeal against, by petitioner—Rejected ... of delay is given and when the limitation has been provided by the Act itself ....
2025 Supreme(Online)(CESTAT) 1 • India - Customs Excise & Service Tax Appellate Tribunal
Shri M. Ajit Kumar, Member (Technical), Shri Ajayan T.V., Member (Judicial)
All claims were rejected for being filed beyond the statutory one-year limitation from the date of service tax payment, triggering ... ... ... Findings of Court: ... The appeals were rejected; the court maintained the revenue's perspective, reinforcing the legislative ... based on provisions of Section 11B, asserting no exemption from limitation period under this section for refunds under the GST Act ... In Kamala Mills, this Court upheld the constitutional validit....
1994 0 Supreme(MP) 8 • India - Madhya Pradesh
A.R.TIWARI
The court also rejected the applicant's contention that the order of eviction was unsustainable on facts and circumstances. ... REVIEW - INTERPRETATION OF STATUTORY PROVISIONS - APPLICABILITY OF LEGAL PRINCIPLES - ANALYSIS OF EVIDENCE - ASSESSMENT OF WITNESS ... BUSINESS - BURDEN OF PROOF - PLEADING - JURISDICTION - OWNERSHIP - ALTERNATIVE ACCOMMODATION - AMENDMENT OF WRITTEN STATEMENT - CONDONATION ... No. 5592/93) on 8.10.93 stating that rent upto 31.10.93 had been deposited and seeking condonation wi....
2013 0 Supreme(Pat) 629 • India - Patna
JYOTI SARAN
and partial eviction are inter related–Even if no independent issue was framed as regarding bonafide requirement, foundation of suit ... eviction–It is only where plaintiff raises his claim for eviction on grounds of bonafide requirement and personal necessity that Trial Court ... resting on plea of personal necessity and a finding being recorded on issue by Court, a mere non framing of issues of bonafide requirement ... The civil revision application had been filed after the expiry of the period prescribed under the Act....
2015 8 Supreme 321 • India - Supreme Court
M.Y.EQBAL, ARUN MISHRA
... Finding of the Court ... On 24.10.2014, the petitioner requested for condonation of delay in submitting the essentiality certificate. Thereafter, the petitioner filed a writ application which was allowed vide order dated 8.4.2015 by the Single Bench of the High Court. ... The time schedule which has statutory force, has been ordered to be strictly adhered to by this Court in a plethora of decisions. This Court in Mridul Dhar (Minor) & Anr. v. Union of India & Or....
2023 0 Supreme(Jhk) 937 • India - Jharkhand
SHREE CHANDRASHEKHAR, ANUBHA RAWAT CHOUDHARY
Limitation Act - Condonation of Delay - Section 5 - Rules 851, 852, 853-A of Jharkhand Police Manual ... Fact of the Case: The appellant sought condonation of delay in filing a Letters Patent Appeal ... The court emphasized the importance of acting within the specified statutory provisions and the obligation to act fairly on the part ... delay and extended the period of limitation by another six months, as provided under proviso to Rule 852. ... (b....
• India - Dishonour Of Cheque
RAJENDRA MENON, V.KAMESWAR RAO
duties and obligations of respondent banks under restructuring package / JLRA are not merely contractual in nature but are instead statutory ... monitored resolution of stressed assets, nothing precludes appellant from seeking resolution before NCLT in those proceedings – Appeal rejected ... On 12th January, 2018 the JLF agreed to approach the RBI for condonation of delay in implementation of S4A Scheme subject to Forensic Audit Report being satisfactory. ... The appellant has therefore approached this Court#HL....
2013 0 Supreme(Kar) 1428 • India - Karnataka
ARAVIND KUMAR
Hence, first contention raised by plaintiffs Counsel cannot be accepted and it stands rejected. ... If on the date fixed for hearing if the parties to the suit were to remain absent the Court would be left with no other option but ... Order 9 it has to produced to dispose of the suit ex parte. ... No. 87/2010 along with an application for condonation of delay. On service of summons in the miscellaneous proceedings plaintiff appeared and filed detailed statement of objections. ... These....
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