AI Overview...
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Delay of Long Period - Courts recognize that delays can be justified if caused by genuine reasons such as prior engagements, ongoing investigations, or procedural lapses. For instance, in filing appeals, delays due to prior remedies or procedural compliance may be condoned if adequately explained INDUS TOWERS LIMITED Vs THE KERALA STATE ELECTRICITY BOARD - Kerala.
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Conduct of Parties and Delay - The behavior and conduct of parties significantly influence the acceptance or rejection of delay condonation. Negligence, inaction, or pursuing remedies through incorrect forums can bar relief, as courts have held that delays caused by such conduct are unjustifiable Pawan Goel: VS KMG Milk Food Ltd. Kurukshetra: - Punjab and Haryana.
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Statutory Prescriptions and Limitations - Statutes prescribing specific periods for actions are strict; courts have no power to extend these periods unless explicitly permitted. Ignoring prescribed time limits without valid reasons results in dismissal of claims or appeals Babubhai Mohamed Shekh VS Iqbal Husain Shekh - Current Civil Cases.
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Impact of Absconding and Long Absences - When an accused or party absconds for extended periods, authorities may justify detention or delay in proceedings, provided that such conduct is considered in the context of the offense's nature and the circumstances of the case Usha Agarwal VS Union of India - Crimes.
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Specific Case Examples - Several cases illustrate that delays caused by procedural lapses, inaction, or pursuing remedies in wrong forums are generally not condonable, especially when such delays prejudice the other party or violate statutory timelines Naseem Imran Mohammed Siddik (Smt. ) VS State of Maharashtra & others - Bombay, Bhanwar Lal VS State of Rajasthan - Rajasthan, Dhiren Kumar Mohanty vs Union of India - Delhi.
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Conclusion - Courts tend to uphold strict adherence to statutory timelines. Delay can be excused only when justified by genuine reasons, proper conduct, or circumstances beyond control. Unexplained or negligent delays, especially due to pursuing remedies in incorrect forums or due to parties' misconduct, lead to dismissal or rejection of claims.
Search Results for "Delay of any Long Period can be Conduct the Order is Wrong"
2020 Supreme(Online)(KER) 15221 • India - High Court of Kerala
in filing appeals due to prior engagements with other grievance redressal forums can justify condonation of delay. ... Sections 127 - The court examined the procedural compliance under Section 127 of the Electricity Act, emphasizing that a genuine delay ... Issues: Whether the Appellate Authority's refusal to condone the delay in the appeal, citing prior remedies, was justified ... Consequential order shall be passed with notice to the petitioner within a period of three months. ... The Appellate Auth....
• India - Crimes
THANGAMANI
Under the provisions of TADA Act only the period prescribed in Section 167 is modified and nothing more. ... P.C. in May 1994 itself, on his failure to furnish surety and avail the order in his favour, the right accrued had extinguished the ... the High Court to cancel bail in a paper and suitable case as a superior court, while examining the propriety and legality of the order ... Act to be completed within a period of 180 days with the further proviso that the Designated Court is empowered to extend that peri....
2000 0 Supreme(Cal) 613 • India - Calcutta
SATYABRATA SINHA, PRATAP KUMAR RAY
OF MANDATORY PROVISION - CONDUCT OF PARTIES - PREJUDICE - WAIVER OF RIGHTS - DISCRETION OF TRIBUNAL - INTERFERENCE BY COURT - REVISIONAL ... Whether the petitioner could take advantage of his own wrong in not carrying the way-bill and not reporting for a long time after ... long time after the detention of the vehicle. ... In any event in our considered opinion having regard to the conduct of the parties it is a case where this Court should interfere with the discretion exercised by the learned Tribunal....
2000 0 Supreme(Bom) 929 • India - Bombay
G.D.PATIL, A.M.KHANWILKAR
not be fatal-Plea-Due to absconding of accused the order could be activated in 2000-But efforts to find him were being made at wrong ... committed in 1997 is served on 2000-Contention-Prejudice to genuinity of order-Held-If delay is satisfactorily explained, it will ... Section 3(1)-Petition filed-Quite delayed-Service of detention order in 2000-Retumed in Aug. 2000-Not filed the order till Nov. 2000 ... i.e. after a period of almost 3 years. ... In other words, it wa....
• India - Crimes
DEBIPRASAD SENGUPTA, SADHAN KUMAR GUPTA
, and conduct of accused who after his first appearance absconded for a long period, detaining authority rightly concluded that it ... In view of nature of offending act, manner in which such act was continued for a considerable period, and conduct of accused who ... after his first appearance absconded for a long period, detaining authority rightly concluded that it was necessary to detain detenu ... Considering the nature of the offending act, the manner in which su....
• India - Current Civil Cases
A.J.SHASTRI
affect a particular party but it has to be applied with all its rigour when statute so prescribes – Court has no power to extend period ... reason – When statute has prescribed a particular period, it has to be maintained and object of prescription of limitation cannot ... for setting aside abatement has been submitted after a period of 8 years without projecting any substantial explanation – Explanation ... (ix) The conduct, behaviour and attitude of a party relating to its inaction or negligence are relevant factors to....
1983 0 Supreme(Raj) 242 • India - Rajasthan
D.L.MEHTA
(a) Panchayat and Zila Parishads Act, 1959—S. 40—Suspension of Pradhan— Enquiry not done for long period—Vague allegations-Not proved—Principles ... Whether the petitioner has done something wrong which necessitated the Government to pass his suspension order. ... ... Looking to the past history, the delay in deciding the enquiry and ... of his duties, or of any disgraceful conduct as such member." ... The matter is hanging for a period of more than a year. Even the ....
• India - Delhi High Court
RAJIV SAHAI ENDLAW, ASHA MENON
... ... Findings of Court: ... The court found the claim barred by time due to the prolonged period of inaction by the petitioner ... to lack of timely action by petitioner regarding seniority claims - Procedural guidelines in Ministry of Home Affairs' Standing Order ... (Paras 20, 21) ... ... (C) Continuing Wrong - Principles regarding continuing wrongs and claim ... Repeated representations do not extend the period of limitation and/or do not explain the delay and laches otherwise in approaching t....
2008 0 Supreme(P&H) 495 • India - Punjab and Haryana
PERMOD KOHLI
The appellant's conduct in pursuing the appeal in a callous and negligent manner was sufficient to deny the benefit of Section 14 ... Ratio Decidendi: The court held that the period spent pursuing the appeal before the wrong forum cannot be excluded under ... Finding of the Court: The court found that the period spent pursuing the appeal before the wrong forum cannot be excluded ... for the condonation of delay resulting from such wrong institution. ... This #HL_ST....
2003 8 Supreme 738 • India - Supreme Court
H.K.SEMA, P.VENKATARAMA REDDI, S.RAJENDRA BABU
We find none in the impugned order of the Commission. ... years could not be ignored-Impugned order was liable to be set aside. ... is not the effect of illegal detention which was contemplated by Section 36(2) of the Act but illegal act itself-Delay of 4 1/2 ... Beyond 3.4.1994, there was no breach of obligation imposed by law either by means of positive or passive conduct of the alleged wrong-doers. To characterize it as a continuing wrong is, therefore, inappropriate. ... One year #....
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