AI Overview...
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Extension of Time for Discharge of Insolvent - The Court has the authority to grant extensions even if the application is filed after the prescribed period, provided there are valid reasons. This power has been exercised to set aside earlier orders when justified. LADURAM VS SAKHARAM - Nagpur
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Power to Extend Time in Criminal Cases - The appellate courts, including High Courts, possess the jurisdiction to extend the time for depositing purchase money or complying with procedural requirements, but only within certain limits. Notably, they cannot extend time once an appeal against conviction is pending in the High Court, as the appellate court's power is subordinate to the High Court's jurisdiction. HARI s/o RAMJI VS MAHADU s/o KERBA TEKALE died through LRs. SHIVAJI MAHADU TEKALE - Bombay, Hari VS Mahadu Kerba Tekale - Bombay, Veeramchaneni Raghavendra Rao VS Government Of A. P. - Andhra Pradesh, V. RAGHAVENDRA RAO VS State OF A. P. REPRESENTED BY THE SECRETARY TO GOVT. HOME (PRISONS-CJ DEPT. HYDERABAD. - Andhra Pradesh
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Bail and Parole Extensions - The High Court and authorities can grant extensions of parole or bail, but such extensions are subject to the condition that no appeal against conviction is pending. Powerful individuals may obtain repeated extensions, but this raises concerns about misuse and interference with judicial processes. Matabhai Shakrabhai Bariya VS State of Gujarat - Gujarat, Veeramchaneni Raghavendra Rao VS Government Of A. P. - Andhra Pradesh
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Procedure for Filing Appeals and Time Extensions - The courts have emphasized the importance of proper procedures, including bringing relevant circumstances to the notice of authorities before exercising discretion for extensions. Misuse or illegal extensions are discouraged, and courts cannot compel authorities to repeat illegal orders. Sheila Dhody VS Goa Coastal Zone Management Authority - Supreme Court, Kotha Sambasiva Rao VS State of Andhra Pradesh rep. by its Principal Secretary, Municipal Administration & Urban Development Department, Amarav - Andhra Pradesh
Analysis and Conclusion:
The High Courts have broad discretionary power under Section 389 of the Cr.P.C. to extend time for various procedural steps, including discharge of insolvent applications, deposit of purchase money, or parole. However, this power is subject to limitations, especially when an appeal against conviction is pending, in which case the appellate court cannot extend the time. Courts also caution against repeated illegal extensions and emphasize adherence to procedural fairness. Overall, the courts aim to balance procedural flexibility with judicial discipline, ensuring extensions are granted only for valid reasons and within legal bounds.
Search Results for "Hp High Court on Extension of Time in 389 Cr Pc"
1931 0 Supreme(Nagpur) 22 • India - Nagpur
MACNAIR
to extend the time for an application for discharging an adjudicated insolvent, even if the application for extension is made after ... the time for an application for discharge, even if the application for extension is made after the specified period has expired. ... The Court found good reason for the exercise of this power and set aside the order of the District Judge, directing the extension ... I agree with the reasoning in the Patna and Madras High Courts' Full ....
2023 0 Supreme(MP) 416 • India - Madhya Pradesh
DINESH KUMAR PALIWAL
Criminal Appeal No. 1587 of 2014, Criminal Appeal No. 389 of 1998, Criminal Appeal No. 689 of 2014 and Criminal Appeals No. 1317 ... 1489 ¼iw.kZ U;k;ihB½ ¼iVuk½ voyafcrA nkafMd vihy Øekad 1656 lu~ 2022 çHksfnrA nkafMd vihy Øekad 1587 lu~ 2014- nkafMd vihy Øekad 389 ... such benefit once charge-sheet is filed -- not entitled to default bail only on ground that they were not produced before trial Court ... The learned trial Court considering the report submitted by the investigation officer for extension ....
• India - Madras High Court
G.K. ILANTHIRAIYAN, J
RESPONDENT/COMPLAINANT Petition filed praying that in the circumstances stated therein and in the petition filed therewith the High Court may be pleased to extension of time order passed by this Hon`ble Court in CRIME NO.389 of 2020 ... ... 4.THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. ... CRL MP(MD) No.6462 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH #HL_....
2006 0 Supreme(Bom) 944 • India - Bombay
S.B.DESHMUKH
for extension of time. ... Specific Relief Act, 1963 - Section 28 - Scope - Extension of time - Trial Court has jurisdiction to extend the time for payment ... The request made, on behalf of the plaintiff, seeking extension of time for depositing the balance purchase money, to the extent ... had no power grant an extension of the time fixed by the decree. ... The Supreme Court has clearly laid dow....
2008 0 Supreme(Guj) 92 • India - Gujarat
J.R.VORA, M.R.SHAH
authority before exercising discretion, bring such circumstances to the concerned Public Prosecutor of the High Court, otherwise ... Criminal Procedure Code, 1973 - Section 389 - Narcotic Drugs and Psychotropic Substances Act, 1985 - Section ... Court, the authority shall not entertain application for parole - Application Dismissed ... ... (ii) At the time of considering the application for parole of a convict, the authority is required to satisfy whether any appeal against the judgment and order of c....
2006 0 Supreme(Bom) 953 • India - Bombay
S.B.DESHMUKH
the appellate court had the power to extend the time for depositing the purchase money. ... by the trial court, whether it is a preliminary decree or final decree, and the power of the appellate court to extend the time for ... Regular Civil Appeal No. 389 of 1983 and permitted the plaintiff to deposit the balance purchase money within a specified period. ... no power to grant an extension of the time fixed by the decree. ... Application for #HL_STAR....
1984 0 Supreme(AP) 484 • India - Andhra Pradesh
P.KODANDA RAMAYYA
Court under Section 389 of the Cr. ... of the prisoners against conviction was pending in the High Court. ... The High Court rejected the request of the accused to release them on bail pending the appeal. ... But the accused who are very powerful people were getting extension of parole from time to time without surrendering and they are still in the village harassing the witnesses who gave evidence against them in the criminal case ....
2019 0 Supreme(SC) 1935 • India - Supreme Court
R.BANUMATHI, R.SUBHASH REDDY
The petitioner sought extension of time for approaching the Tribunal, which was rejected by the High Court. ... National Green Tribunal Act - Extension of Time for Filing Appeal - The court granted the petitioner four weeks' time to file ... for extension of time to approach the National Green Tribunal, and the interpretation of Section 16(j) of the National Green Tribunal ... The petitioner thereafter filed miscel....
1984 0 Supreme(AP) 482 • India - Andhra Pradesh
P.KODANDA RAMAYYA
However, this power cannot be exercised when an appeal against the conviction is pending in the High Court, as the appellate court ... the prisoners on parole when the appeal against their conviction was pending in the High Court. ... INTERPRETATION OF STATUTORY PROVISIONS - EXECUTIVE AND APPELLATE AUTHORITY - HARMONIZATION OF PROVISIONS - SECTION 432(5) AND SECTION 389 ... But the accused who are very powerful people were getting extension of parole from ti....
2017 0 Supreme(AP) 198 • India - Andhra Pradesh
RAMESH RANGANATHAN, T.RAJANI
not entitle High Court to compel authority to repeat that illegality again and again. ... Court cannot be exercised for such a purpose—Merely because respondent authority has passed one illegal/unwarranted order, does ... compelling respondent authority to repeat illegality or to pass another unwarranted order—Extraordinary and discretionary power of High ... It is only if it is held that the appellant-writ petitioner has a right to seek extension of lease, can a direction be issued to the respondent-Co....
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