AI Overview...
-
Condonation of Delay - The primary principle is that courts require a satisfactory explanation for each day's delay; negligence, especially by agents or litigants, is generally not accepted as sufficient reason to condone delay. Courts emphasize cautious exercise of discretion, balancing the need for justice with the importance of adhering to prescribed time limits. A delay of several hundred days is typically scrutinized, and condonation is granted only if the explanation is convincing Sri Santi Ranjan Chatterjee VS Anuj Kumar Ray - Consumer, J. Shanthi VS Presiding Officer, Labour Court - Madras, Prashant Projects Ltd. VS Deputy Commissioner of Income-tax - 10(3) - Income Tax Appellate Tribunal.
-
Sufficient Explanation - The courts consider conduct, behavior, and attitude of the party regarding inaction or negligence. They prefer explanations that are reasonable, genuine, and supported by material evidence. Mere inaction or casual explanations are often insufficient. For example, delays of over a year or more are generally not condoned unless exceptional circumstances are shown J. Shanthi VS Presiding Officer, Labour Court - Madras, Fotolite Colour Labs, a registered partnership concern VS Aver Foto Print System, Bombay - Andhra Pradesh.
-
Discretionary Nature - The decision to condone delay lies within the court’s discretion, which must be exercised cautiously and with circumspection. Courts tend to reject delays that appear to be a mere delay of convenience or are unexplained, emphasizing the importance of substantial justice over technicalities J. Shanthi VS Presiding Officer, Labour Court - Madras, Prashant Projects Ltd. VS Deputy Commissioner of Income-tax - 10(3) - Income Tax Appellate Tribunal.
-
Payment of Costs - Sometimes, courts require the payment of costs or other conditions for condoning delay, especially when the delay is significant but the explanation is somewhat acceptable. This acts as a deterrent against unnecessary delays and encourages timely filings VINITA SAXENA VS PANKAJ PANDIT - Delhi, K. Hanumantha Rao VS K. Narasimha Rao alis Narasimham - Andhra Pradesh.
-
Legal Framework - The Limitation Act and specific procedural provisions (e.g., Sections 17, 19, 21 of the Consumer Protection Act, and Sections 129a, 129b of the Customs Act) guide the principles of condonation, but the core requirement remains that delay must be satisfactorily explained to prevent abuse of process VINITA SAXENA VS PANKAJ PANDIT - Delhi, Prashant Projects Ltd. VS Deputy Commissioner of Income-tax - 10(3) - Income Tax Appellate Tribunal.
-
Main Insights:
- Courts prioritize substantial justice over strict adherence to limitation periods.
- Every day’s delay should be explained; casual or vague explanations are inadequate.
- The conduct and attitude of the party are crucial in decision-making.
- Condonation is granted sparingly and often conditioned on costs or other factors.
- Inordinate delays (e.g., several years) are difficult to condone unless exceptional circumstances are demonstrated Sri Santi Ranjan Chatterjee VS Anuj Kumar Ray - Consumer, J. Shanthi VS Presiding Officer, Labour Court - Madras.
Conclusion: Condonation of delay is a discretionary judicial act requiring a clear, satisfactory explanation for each day of delay. Courts exercise caution, emphasizing genuine reasons, conduct, and the importance of justice over procedural rigidity. Failure to adequately explain delay typically results in dismissal or rejection of condonation petitions.
Search Results for "For Condonation of Dealy Every Day Delay Explain"
• India - Consumer
J.M.MALIK, VINAY KUMAR
to day hearing of every case—Negligence of a litigant’s agent is negligence of litigant himself and is not a sufficient cause for ... condoning delay—Appeal dismissed as barred by time. ... (i) Consumer Protection Act, 1986—Sections 17, 19 and 21—Appeal—Dealy—Dealy of 557 days in filing of appeal—It has become a fashion ... A large measure of case-law has grown around S.5, its highlights being that one ought not easily to take away a right which has accrued to a party by lapse of time and that therefo....
2003 0 Supreme(Del) 888 • India - Delhi
S.K.MAHAJAN
The petition was dismissed, and the appellant filed an appeal with a delay of 355 days, seeking condonation of the delay. ... Condonation of Delay - Hindu Marriage Act - Section 13(1)(ia)(iii) - Limitation Act Fact of the Case: The appellant ... The Court emphasized the need to advance substantial justice and decided to condone the delay, subject to the payment of costs to ... It is submitted that for condonation of delay, the appellant is required ....
2022 0 Supreme(Mad) 3882 • India - Madras
S. VAIDYANATHAN, MOHAMMED SHAFFIQ
of 3564 days in filing Writ Appeal - Though each and every day's delay should be explained to satisfaction of Court, Court should ... , has to not only see conduct, behaviour and attitude of a party relating to inaction or negligence, but also to find that delay ... exercise its discretion more cautiously with circumspection - Appellant herein has not made out a case for condoning delay of 3564 ... Bhargavi Amma), the Apex Court held that the decisive factor in condonation of dealy is ....
1981 0 Supreme(AP) 169 • India - Andhra Pradesh
RAMANUJULU NAIDU, PUNNAIAH
after expiry of the period of limitation if the court is satisfied on the facts and in the circumstances of the case, that the delay ... In our view, no formal application for condonation of delay in launching the prosecution after expiry of the period of limitation prescribed under Section 468 (2) of the code of Criminal Procedure is necessary and it is open to the prosecuting agency to explain the delay to the satisfaction of the Court ... If it does it should not register the case but give an opportu....
2001 0 Supreme(Del) 1388 • India - Delhi
ARIJIT PASAYAT, D.K.JAIN
the provisions of Section 129a and 129b of the Customs Act, 1962, and their interpretation in the context of condonation of delay ... Finding of the Court: The court found that the delay in filing the appeal was not deliberate and deserved condonation ... Customs Act - Delay in filing appeal - Section 129a of the Customs Act, 1962 - Summary of Acts and Sections: The court discussed ... It has failed to take into account relevant material and an improper conclusion in respect of materials highlighted t....
1993 0 Supreme(AP) 155 • India - Andhra Pradesh
MOTILAL B.NAIK
of 15 months· Trial court allowed application for condonation of delay on payment of costs of Rs. 500/- simultaneously holding that ... and yet, condoned the delay by imposing costs of Rs.500/-. ... the reasons set forth are not sufficient to condone the delay - Conclusion arrived at by the trial court is quite contrary to its ... Thus, it can be said that the defendants could not place convincing reasons to explain he delay of 15 months. ... "every day#HL_E....
2003 0 Supreme(Kar) 1026 • India - Karnataka
It is of some relevance for the Court to take cognizance of the fact that though it is customary in this High Court, even in the smallest of situations such as applications for condonation of delay etc. to file replies and objections that the respondent though represented by not one but two learned Advocates ... relief and I do not visualize their having any hand in delaying the disposal of the petition but on the contrary, the respondent who is the original complainant and who has been present in Court on many dates of hearing could obviously have sensed ....
• India - Income Tax Appellate Tribunal
B.R.MITTAL, RAJENDRA
In short in matters of delay it is neither practicable nor desirable to explain minute-to-minute/hour-to-hour delay, but delay has to be explained. ... Before proceeding further, we would like to discuss philosophy and history of law of condonation of delay along with a few cases for better understanding of the subject. Seeds of condonation of delay can be seen in Act No. ... Hon'ble Court noticed contradictions in the stand taken to explai....
2025 Supreme(Online)(SCDRC) 32730 • India - State Consumer Disputes Redressal Commission
to a person who fails to explain the delay and who is guilty of delay and laches. ... There has been an inordinate delay in getting approvals at various level and day to day delay has not been properly explained by the Petitioner. No sufficient ground has been shown for seeking condonation of delay of 191 days before this Commission. ... Once it was found even by the learned trial Court that delay has not been pr....
2025 Supreme(Online)(SCDRC) 31725 • India - State Consumer Disputes Redressal Commission
to a person who fails to explain the delay and who is guilty of delay and laches. ... There has been an inordinate delay in getting approvals at various level and day to day delay has not been properly explained by the Petitioner. No sufficient ground has been shown for seeking condonation of delay of 191 days before this Commission. ... Once it was found even by the learned trial Court that delay has not been pr....
Filter by Legal Phrase
