AI Overview...
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No Separate Delay of Condonation Filed and Appeal Numbered - The sources indicate that in legal proceedings, if an appeal is filed beyond the prescribed time limit, a separate application for condonation of delay is generally required to make the appeal maintainable. Without such an application, the appeal may be considered inadmissible or not maintainable. Several references mention that courts have emphasized the necessity of filing a specific application to condone delay, especially under Section 5 of the Limitation Act, to avoid hyper-technical dismissals Sonerao Sadashivrao Patil and another VS Godawaribai w/o Laxmansingh Gahirewar and others - Bombay, Euro Fabrics, Rep. By A. Vasudevan, Tiruppur VS Startime Apparels, Tirupuur - Madras, Cipla Limited VS Assistant Commissioner of Income Tax - Bombay, Jokhan VS Murtuja - Allahabad.
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Approach of Courts Regarding Delay and Appeal Numbering - Courts have discretionary power to condone delay if sufficient cause is shown. The absence of a separate condonation application often leads to dismissals or rejection of appeals. For instance, in criminal and civil cases, courts have rejected appeals or revisions where no application for condonation was filed or where delay was not properly explained Mansukhbhai Badhabhai Boricha VS State of Gujarat - Gujarat, HYDERABAD WIRE and ALLIED PRODUCTS VS Vs. COMMISSIONER OF COMMERCIAL TAXES - Andhra Pradesh, Shaik Hussain Saheb VS Koganti Sambrajyam - Andhra Pradesh.
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Implication for the Query - The provided sources collectively suggest that in the context of legal appeals, particularly civil appeals, if a delay occurs and no separate application for condonation is filed, the appeal is typically not numbered or admitted. Courts require a distinct application to condone delay to proceed with the appeal, and failure to do so results in the appeal being deemed not maintainable or not properly filed.
Analysis and Conclusion:
Based on the sources, it is clear that a delay in filing an appeal must be accompanied by a separate application seeking condonation of delay. Without this, courts generally do not number or admit the appeal, rendering it ineffective. The practice emphasizes the importance of filing a distinct condonation application to ensure the appeal's validity and maintainability.
Search Results for "No Separate Delay of Condon was Filed and the Appeal was Numbered"
1999 0 Supreme(Bom) 228 • India - Bombay
B.B.VAGYANI
Section S-Condo-nation of delay-Ex parte decree-Delay of 104 days in filing civil appeal-Application for condo-nation of delay-Approach ... The discretion is given to the Court to condone delay and admit the appeal in order that judicial power and discretion in that behalf ... The discretion is given to the Court to condone delay and admit the appeal in order that judicial power ....
2016 0 Supreme(Mad) 2812 • India - Madras
M.DURAISWAMY
Court was increased suit in C.S. pending on file of this Court was transferred to file of VI Additional Judge City Civil Court and numbered ... possession and for recovery of a sum of amount - Regarding prayer for mesne profits trial Court observed that same can be decided in a separate ... enquiry - Held, Since petitioners have satisfactorily explained reasons for delay in affidavit filed in support of petition further ... Court and the same was numbered as C.S. ... may be filed by th....
2013 0 Supreme(Mad) 1898 • India - Madras
K.RAVICHANDRA BAABU
within the specified time period and should include a separate application seeking to condone the delay if filed beyond the stipulated ... beyond the 30-day period and without seeking to condone the delay. ... The petitioner filed an application to set aside the ex-parte order beyond the 30-day period. ... The Court below considered the rival contentions of the respective parties and also by taking note of the fact that the E.A. came to be filed afte....
2016 0 Supreme(Bom) 967 • India - Bombay
M.S.SANKLECHA, A.K.MENON
The Court also clarified that the applicant could seek condonation of delay by filing a separate application for appeal. ... The Court also rejected the alternate submission to treat the Cross Objection as an Appeal and condone the delay. ... The applicant did not file its own Income Tax Appeal within the prescribed time. ... Be that as it may, we noticed that the present appeal has since been numbered as Appeal No....
2012 0 Supreme(Guj) 841 • India - Gujarat
M.R.SHAH
Chief Judicial Magistrate, for the offence for dishonour of cheque - Appeal against order - Held, After the service of the statutory ... In the present case, admittedly, no such request to condone the delay has been made. ... Negotiable Instruments Act, 1881 - Section 138 - Criminal Complaint - Condo nation of delay - That the applicant ... was numbered as Criminal Case No.4383 of 2000. ... In the present case, admittedly, no such request to condone the dela....
2025 Supreme(Online)(Mad) 32607 • India - IN THE HIGH COURT OF JUDICATURE AT MADRAS
R.Vijayakumar, J
an application to condone the 2206-day delay in representing an un-numbered first appeal. ... The civil revision petition was filed under Section 115 of the Code of Civil Procedure, 1908 seeking to overturn the order dismissing ... The appellants contended that their counsel's illness and subsequent death caused the delay. ... The appeal was returned by the trial Court for rectification of certain defects. After rectification the appeal was represen....
2017 0 Supreme(Mad) 1575 • India - Madras
V.M.VELUMANI
and without an application to condone the delay, making it not maintainable. ... the period of limitation and without an application to condone the delay. ... of limitation and without an application to condone the delay, making it not maintainable. ... Kunwar Lal & Others): ... 7.”............Under such circumstances, the High Court should not have taken the hyper-technical view that no separate application was filed under Section 5. ... She did not....
1998 0 Supreme(AP) 904 • India - Andhra Pradesh
BILAL NAZKI, P.VENKATRAMA REDDY
order of revision shall be passed before the expiry of four years from date of service of the order or proceeding to be revised – Appeal ... It is surprising how the un-numbered appeals were kept pending for so long a time even without a petition for condonation of delay that had occurred by the date of filing of the appeals. ... The observation of the commissioner that each assessment is a "separate order and must be dealt with independently" cannot be countenanced. ... The ....
2021 0 Supreme(All) 1272 • India - Allahabad
SYED AFTAB HUSAIN RIZVI
which was later transferred to District Mau and numbered as Civil Appeal and is still pending. ... Findings of the court : Second Appeal appellant has challenged order by which delay ... aforesaid provision that Second Appeal before High Court shall lie from a decree passed in appeal - As impugned order does not come ... This decree was challenged by the plaintiffs-respondents in civil appeal no. 54 of 1998 which was later transferred to the District Mau and #HL_STA....
2002 0 Supreme(AP) 29 • India - Andhra Pradesh
G.YETHIRAJULU
1988, Sec.140 - LIMITATION ACT, Sec.5 - Motor accident - Compensation under ‘no fault liability’ - Tribunal rejecting un-numbered ... - Contention that there is no limitation prescribed regarding application for ‘no fault liability’ and hence no separate petition ... need be filed for condonation of delay - In the instant case Tribunal rejected petition on ground that limitation prescribed for ... ... ( 1 ) THIS is an appeal preferred against the order dated 13-2-1990 of the Motor Accident C....
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