AI Overview...
- Delay of 400 Days in Filing Appeal - Main points and insights:
- The delay of 400 days in filing the appeal was found to be inadequately explained and reasons provided were considered false or flimsy, thus not justifying condonation Leela Fondu Mayekar VS Damodar Datta Zuwarkar - Bombay.
- Courts have consistently held that such a significant delay cannot be condoned without satisfactory explanation, especially when the appellant was capable of taking necessary steps but failed to do so Leela Fondu Mayekar VS Damodar Datta Zuwarkar - Bombay.
- The seriousness of the delay and the absence of genuine reasons lead courts to reject condonation requests, emphasizing that false or trivial reasons should not be accepted G. Kothandan VS G. Raja - Madras, J. S. Sharma & Sons VS Shiv Devi Meena - Delhi.
- In some cases, courts have dismissed appeals outright when delay reasons are unconvincing or when the delay is deemed inordinate and unjustified Amarjeet Athotra VS Maninder Singh - Delhi, DHARMENDER SINGH VS AMIT - Delhi.
- Analysis and Conclusion:
- Courts maintain a strict stance against condoning delays of 400 days or more, especially when reasons are fabricated or insufficiently substantiated.
- The principle is that false reasons should not be condoned, as it undermines the integrity of judicial proceedings.
- Proper and genuine explanations are essential for any delay beyond a reasonable period; otherwise, the appeal should be dismissed to uphold the rule of law and procedural discipline Leela Fondu Mayekar VS Damodar Datta Zuwarkar - Bombay, G. Kothandan VS G. Raja - Madras, Amarjeet Athotra VS Maninder Singh - Delhi.
- References:
- Leela Fondu Mayekar VS Damodar Datta Zuwarkar - Bombay, G. Kothandan VS G. Raja - Madras, J. S. Sharma & Sons VS Shiv Devi Meena - Delhi, Amarjeet Athotra VS Maninder Singh - Delhi, DHARMENDER SINGH VS AMIT - Delhi
Search Results for "Delay of 400 more Days in Filing Civil Appeal False Reasons should Not Condoned"
2020 0 Supreme(Mad) 2134 • India - Madras
R.SUBBIAH, T.KRISHNAVALLI
by petitioner to condone inordinate delay of 2377 days in filing appeal. ... has been assigned for inordinate delay of 2377 days in filing First Appeal - Held, Invalid and unbelievable reason has been spelt ... out by petitioner/first defendant to condone delay - Reasons stated are flimsy in nature - Absolutely, no case has been made out ... Further, in the inst....
2014 0 Supreme(Bom) 889 • India - Bombay
S.B.SHUKRE
delay of 400 days in filing appeal was not satisfactorily explained, delay cannot be condoned. - It has to be seen as to whether ... only well equipped to take necessary steps regarding filing of the appeal, but was actually actively involved in pursuing the litigation ... of the appeal. ... The petitioners filed an application for condonation of delay, which was of 400....
2020 0 Supreme(Del) 858 • India - Delhi
PRATHIBA M.SINGH
The tenants argue that the delay in seeking impleadment of legal heirs is more than 400 days and that the reasons given for the delay ... are false. ... Finding of the Court: The court found that the landlady, being a widow and illiterate, faced medical complications and was not ... He submits that even the delay in filing such an application can be condoned under Section 5 of the Limitation Act, 1963. ... The app....
2014 0 Supreme(Del) 896 • India - Delhi
MANMOHAN SINGH
Act is a serious matter which cannot be condoned in routine matter - Petitioners have not been able to make out a case of condonation ... - It was not willful or contumacious default - Two courts below have given their finding against the petitioners and did not condone ... the delay in deposit of rent after the expiry of 181 days - Long delay occurred in compliance of order under Section 15(1) of the ... Rent Control Tribunal by filing#HL_....
2024 0 Supreme(Kar) 635 • India - Karnataka
H. P. SANDESH
in filing was validly condoned. ... in filing the petition was properly condoned. ... in filing the petition was condoned with consent and thus the issue of limitation could not be raised at this stage. ... Learned counsel would vehemently contend that the very filing of the petition is not maintainable, since there is a delay and period of limitation is 30 days plus 15 days and ....
2024 Supreme(Online)(KAR) 39563 • India - High Court of Karnataka
H.P. SANDESH, J
in filing the petition could be condoned. ... (Paras 28) ... ... Result: The miscellaneous first appeal is dismissed. ... (A) Karnataka Protection of Interest on Depositors in Financial Establishments Act, 2004 - Sections 3(2) and 5(2) - Appeal against ... Learned counsel would vehemently contend that the very filing of the petition is not maintainable, since there is a delay and period of limitation is 30 days plus 15 days and li....
2008 0 Supreme(MP) 562 • India - Madhya Pradesh
N.K.MODY
delay containing proper explanation -- delay condoned. ... (1) Limitation Act, 1963 -- S. 5 -- Hindu Marriage Act, 1955 S. 28 -- appeal delayed by 281 days -- application for condonation of ... . 1955 -- S. 25 -- application for amendment in written statement claiming permanent alimony submitted in appeal -- allowing application ... It is further alleged that thereafter again after obtaining the certified copy of the judgment and decree the appeal was filed by the app....
2020 0 Supreme(All) 464 • India - Allahabad
SARAL SRIVASTAVA
Limitation Act – Condonation of delay – Application has been filed to condone the delay in filing the Substitution ... condoantion application and any order passed condoning the delay in filing the aforesaid application. ... condoantion application and any order passed condoning the delay in filing the aforesaid application. ... delay of 114 days in filing the substitution application. ... The oth....
2017 0 Supreme(Del) 4677 • India - Delhi
VALMIKI J.MEHTA
The court dismissed the appeal, upholding the trial court's decision. ... The court upheld the trial court's decision and dismissed the appeal. ... Final Decision: The court dismissed the appeal, affirming the trial court's decision in favor of the respondent/plaintiff. ... For the reasons stated in the application, delay of 20 days in filing the appeal and 59 days in re-filing the appeal is #HL_....
2017 0 Supreme(J&K) 1091 • India - Jammu and Kashmir
ALI MOHD.MAGREY
Limitation Act - Section 5 - Condonation of delay - Seeking condonation of delay in filing appeal - Suit ... for declaration and injunction - Decreed property as claimed is in possession of petitioner - leading to the filing of the revision ... , is set aside - Court below is directed to consider the application filed for of delay afresh, after seeking supplementary grounds ... before filing of the appeal. ... The classic example is the difference in....
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