Vacation Rules and Condonation of Delays - The courts recognize that delays in filing documents or applications during court vacations can be excused if sufficient grounds are established, such as the vacation period itself. The Appellant in one case sought condonation for delays attributed to summer vacations, emphasizing that such delays should not suspend registry functions or hinder filing processes. The principle of 'vigilantibus non dormientibus' was applied to justify condonation. Paramjit Singh vs Hardaman Singh Anand - Delhi, Skechers U. S. A. Inc. VS Pure Play Sports - Delhi, My Preferred Transformation And Hospitality Pvt. Ltd. VS Faridabad Implements Pvt. Ltd. - Delhi
Importance of Timely Filing and Procedural Compliance - Courts consistently stress the necessity of adhering to prescribed timelines. Non-compliance, especially during court vacations, can lead to consequences like rejection or delay of applications. For instance, delays during vacations, such as counsel being out of station, have been accepted as valid grounds for condonation, provided they are adequately justified. ASHA SHARMA VS SANIMIYA VANIJIYA P. LTD. - Delhi, My Preferred Transformation And Hospitality Pvt. Ltd. VS Faridabad Implements Pvt. Ltd. - Delhi
Court Orders and Vacation Periods - Orders such as stay or interim relief are subject to strict timelines, which may expire during vacations. Filing deadlines, like the three-month period for certain applications, are extended or tolled during vacations, but proper condonation must be sought. The expiration of such periods during vacation necessitates applications for condonation to prevent dismissal. My Preferred Transformation And Hospitality Pvt. Ltd. VS Faridabad Implements Pvt. Ltd. - Delhi, ABHA JAIN Vs. SHALI JAIN @ VAISHALI JAIN - Delhi
Specific Rules and Sections Governing Vacation and Filing - Rules such as Order XXXIII Rule 1, Order XXXIX Rule 4 CPC, and Section 149 of the Civil Procedure Code regulate procedures during vacations, including applications for vacation of stay or interim orders. These rules accommodate delays caused by vacations, but require proper application and justification. ASHA SHARMA VS SANIMIYA VANIJIYA P. LTD. - Delhi, ABHA JAIN Vs. SHALI JAIN @ VAISHALI JAIN - Delhi, Kiran Girhotra VS Raj Kumar - Delhi
Filing During Vacations and Judicial Proceedings - Certain applications, such as for variation of interim orders or for vacation of injunctions, can be filed during vacations, with courts considering the reasons for delay. The courts also recognize that proceedings involving claims of bona fide requirement or other substantive issues may continue or be adjusted based on pleadings and justifications for delays. Kiran Girhotra VS Raj Kumar - Delhi, Dharam Veer Goel VS Renu Jain - Delhi, Karan Antil VS High Court of Delhi - Delhi
Role of Rules and Regulations in Managing Vacation-Related Delays - The Delhi High Court and other courts have established rules to manage filings during vacations, including the need for applications to seek condonation and the criteria for accepting delays. These rules aim to balance procedural discipline with fairness, especially when delays are justified by vacation periods or other unavoidable circumstances. Paramjit Singh vs Hardaman Singh Anand - Delhi, Skechers U. S. A. Inc. VS Pure Play Sports - Delhi, Karan Antil VS High Court of Delhi - Delhi
Analysis and Conclusion:
Courts generally recognize that delays caused by court vacations are often justified if proper condonation is sought, citing the importance of fairness and procedural flexibility. However, strict adherence to rules is emphasized, and applications for condonation must be justified with valid reasons, such as the vacation period itself or circumstances like counsel being out of station. Proper procedural steps, including timely applications and compliance with relevant rules, are essential to ensure that filings are accepted and proceedings are not adversely affected.
sufficient grounds for condonation - the delays were viewed as a failure to adhere to strict timelines and the argument regarding vacation ... rules concerning court vacations - The Appellant sought condonation for delays in filing replications. ... do not suspend the functionality of the registry for filing documents. ... The grounds for delay in filing the two replications, as stated in both applications, are similar. The Appellant submitted that delay was due to the summer vacation ....
Taxing Officer - Review of Costs - DHC Rules, 2018 - Summary of Acts and Sections: DHC Rules, 2018, Chapter XXIII Rule 13; Commercial ... Issues: The issues included the condonation of delay in filing the review application, the liability of the Applicant as a ... their rights, and the maxim 'vigilantibus non dormientibus subvenit lex' was applied in the context of condonation of delay in filing ... This judgment will dispose of two applications, one being I.A.12718/2022 filed under Chapter XXIII #HL_S....
The court emphasized the importance of timely filing and strict adherence to procedural requirements. ... Court Fee Act - Delay in Re-filing Appeal - Section 149 of the Code of Civil Procedure - Rules of Delhi High Court - [CS(OS) 1883 ... The court emphasized the importance of timely filing and the consequences of non-compliance with the rules and regulations. ... It has been alleged in para 6 of the application that during vacation, the learned counsel for the applicant was out of station ... R.F.A. (OS) 35/2009 and C....
impugned award, being not a prescribed period, i.e., three months and the additional 30 days having expired on June 30, 2022, the filing ... Fact of the Case: Petitioner/applicant sought condonation of delay in filing a petition under Section 34 of the Arbitration ... impugned award, being not a prescribed period, i.e., three months and the additional 30 days having expired on June 30, 2022, the filing ... The period of one month which was given under Order XLI Rule 22 of the CPC expired during the summer vac....
(A) Code of Civil Procedure, 1908 - Order XXXIII Rule 1 and Order XXXIX Rule 4 - Partition and rendition of accounts - Plaintiff, ... This is an application under Order XXXIX Rule 4 CPC filed by the Defendant whereby the Defendant prays for vacation of the stay granted by The Order is downloaded from the DHC Server on 12/04/2024 at 16:08:46 this Court on 1st June, 2022. The said order reads as follows: “8. ... I.A.10679/2022 (u/O XXXIX Rule 4 CPC) 3. ... The Plaintiff submits tha....
CPC - Application for variation of interim order - Suit property - Sections 151, 39 Rule 4, 31 of the Specific Relief Act, 1967 ... Kailash, Part-II, New Delhi - Summary of Acts and Sections: The court discussed the application filed by the plaintiff under Order 39 Rule ... Issues: The court discussed the application filed by the plaintiff under Order 39 Rule 4 read with Section 151 CPC for variation ... Jayant Ghadia withdrew the suit by filing an application under Order 23 Rule 1 of the Code of Civil....
A) Right to Information Act, 2005 - Sections 8(1)(d) and (e), 7(9) - Delhi District Courts (Right to Information) Rules, 2008 - Rule ... Disclosure - The information sought required detailed analysis of judicial proceedings that do not exist in the maintained records, thus falling ... Suit no. and date of filing such suit. c. Date of passing ex party injunction orders. d. Date of vacation of injunction orders. e. Date of passing of final orders where injunction is not vacated.” ... Bansal and company New Delhi, name and ....
2024 DHC 122, succinctly, explained the difference between Section 24 and Order VII Rule 10 of the Code in Para No. 58 of the judgment as under:- “58. ... The learned counsel for the respondents has stated that the respondents wanted to move an application for vacation of the interim order of injunction, but, which he did not do in as much as the matter was heard on the aspect of the lack of pecuniary jurisdiction of the court. ... Petitioner raised objection before the trial court regarding the lack of jurisdiction by filing#HL....
The same would be the position in the context of a petition filed by a deceased landlord, asserting his bona fide requirement of the tenanted premises to carry on a business/vocation, in the absence of any plea that the said business/vocation proposed to be carried out from the tenanted premises ... It is not possible to state in general terms or lay down the trite rule that a particular proceeding will continue or will not continue, as it has to be decided on the pleadings of the case. ... Shahnaz Parveen, 2012(2) RCR (Rent) 235 (#HL_STA....
continuously practicing as an Advocate for not less than seven years as on the last date of receipt of the application' as per Rule ... On 23.02.2022, the establishment of the Delhi High Court (hereafter 'DHC') issued an advertisement inviting applications for appearing in the DHJSE-22 for filling up forty-five vacancies, which comprised of thirty-two vacancies in the general category, seven vacancies reserved for candidates belonging ... Amit George, learned counsel appearing for the DHC countered the aforesaid submis....
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