AI Overview...
- Delay in Filing Petition - Courts have consistently emphasized that delay in filing a petition under Section 482 Cr.P.C. can lead to dismissal if not adequately explained or condoned. Several cases highlight that unexplained or unreasonable delays undermine the petition's maintainability [HAFIZ MOHD NOORULLAH
VS NAZIR AHMAD -
Allahabad](https://supremetoday.ai/doc/judgement/02500032152), Krishan VS State Of Haryana - Punjab and Haryana, Manjyoti VS State - Punjab and Haryana.
-
Condonation of Delay - Courts have considered condonation of delay under Section 5 of the Limitation Act, especially when the delay is substantial (e.g., 482 days). However, the courts often refuse to condone delays without sufficient justification, stressing the importance of timely filing State NCT of Delhi VS Pargun & Anr - Delhi, V. V. Home Makers (P) Ltd, Rep. By its Managing Director, Chennai VS A. Gopinath - Madras, Alka Sehgal VS State of West Bengal - Calcutta.
-
Effect of Delay on Merits - Delay can affect the court’s discretion to entertain petitions under Section 482, as it may indicate lack of bona fide intention or cause prejudice to the opposing party. Courts tend to dismiss petitions if the delay is not satisfactorily explained or if it causes prejudice Madhu Bala VS State of Haryana - Punjab and Haryana, Palwinder Raj Singh VS State Of Punjab - Punjab and Haryana.
-
Alternative Remedies and Limitation - The availability of other remedies like revision petitions is acknowledged, but courts stress that even these must be filed within prescribed limitation periods. Failure to do so can render the petition non-maintainable Madhu Bala VS State of Haryana - Punjab and Haryana, [HAFIZ MOHD NOORULLAH
VS NAZIR AHMAD - Allahabad](https://supremetoday.ai/doc/judgement/02500032152).
Analysis and Conclusion:
Courts generally require that petitions under Section 482 Cr.P.C. be filed within a reasonable time frame, with proper explanation for any delay. Unexplained or excessive delays tend to lead to dismissal, unless the petitioner can convincingly demonstrate reasons for the delay and seek condonation under Section 5 of the Limitation Act. The principle underscores the importance of promptness in initiating proceedings to ensure justice is not hindered by procedural lapses.
Search Results for "Delay in Filing Petition in 482"
1988 0 Supreme(All) 141 • India - Allahabad
KAMLESHWAR NATH
The petitioner-appellant's conduct and delay in filing the petition under Section 482, Cr. P. ... The court did not address the issue of limitation for filing the petition under Section 482, Cr. P. ... Finding of the Court: The court held that the petitioner-appellant's conduct and delay in filing the petition unde....
2001 0 Supreme(P&H) 1337 • India - Punjab and Haryana
NIRMAL SINGH
Issues: Maintainability of petition under Section 482, Cr.P.C. and the delay in filing the petition. ... The court also dismissed the petition due to the lack of a reasonable explanation for the delay in filing the petition. ... The court also emphasized that filing a petition under Section #HL_STA....
2024 0 Supreme(Del) 666 • India - Delhi
MANOJ KUMAR OHRI
discussed the condonation of delay in re-filing the petition under Section 482 Cr.P.C. and Section 5 of the Limitation Act. ... Fact of the Case: The petitioner sought condonation of delay in re-filing the petition ... Issues: The issues involved the condonation of delay in filing the petition, refusal of cognizanc....
2015 0 Supreme(Mad) 3257 • India - Madras
R.MALA
Issues: Delay in filing final report, Petition under Section 482 of Criminal Procedure Ratio Decidendi: Prompt registration ... Section 482 - Criminal Procedure - Petition seeking direction to file final report Fact of the Case: The petitioner ... The police had not shown interest in investigating the matter and filing a final report. ... ORDER ... The petitioner has....
2005 0 Supreme(Chh) 170 • India - Chhattisgarh
SDHRI V.K.SHRIVASTAVA
in filing the petition under Section 482. ... The petitioner filed a petition under Section 482 of the Code of Criminal Procedure seeking maintenance. ... The court allowed the petition and directed the husband to pay maintenance to the petitioner. ... under Section 482 of the Code of Criminal Procedure seeking relief of maintenance, therefore, the delay#HL_EN....
2015 0 Supreme(P&H) 1381 • India - Punjab and Haryana
DARSHAN SINGH
of revision and the delay in filing the present petition. ... remedy of revision, and the delay in filing the present petition. ... availability of an alternative remedy of revision before the Sessions Court and the delay in filing the present petition. ... Thus, the delay and laches on the part of the petitioners in....
2001 0 Supreme(P&H) 1272 • India - Punjab and Haryana
V.M.JAIN
P.C., delay in filing the petition, reliance on birth entry to establish juvenile status. ... Finding of the Court: The court dismissed the petition, citing the absence of any explanation for the delay in filing ... Issues: Validity of the petition under S. 482, Cr. ... No explanation whatsoever has come on the record to explain the delay#....
2013 0 Supreme(Mad) 2701 • India - Madras
K.RAVICHANDRA BAABU
Delay Condonation - Exparte Decree - The court refused to condone the delay of 482 days in filing a petition to set aside the ... The court refused to condone the delay of 482 days in filing a petition to set aside the exparte decree. ... to condone the delay in filing a petition t....
2016 0 Supreme(Cal) 243 • India - Calcutta
SHIB SADHAN SADHU
LIMITATION ACT - CONDONATION OF DELAY - SECTION 5 - Delay in filing a revision petition under Section 482 of the Code of Criminal ... Issues: Whether the delay in filing the revision petition should be condoned. ... Ratio Decidendi: The court held that the delay in filing the revision petition sho....
2002 0 Supreme(P&H) 984 • India - Punjab and Haryana
NIRMAL SINGH
remedies, and the delay in filing the petition. ... the importance of availing alternative remedies and filing petitions within a reasonable period. ... Issues: The issues included the maintainability of the petition under Section 482 Cr.P.C., the availability of alternative ... No doubt, for filing a petition under Section #HL_START....
Filter by Legal Phrase
