AI Overview...
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Provision for Filing 3rd Party Certified Copy Application - The law mandates that a certified copy must be obtained and filed with the appeal or application within a specified period, typically within one month from the communication of the award or order. Rule 227(4)(d) of the Act explicitly requires the filing of the certified copy along with the memorandum of appeal to meet limitation deadlines KRISHNAGAR CITY CO-OPERATIVE BANK LTD. VS SUKUMAR GHOSH - Calcutta, CONTAI CO-OPERATIVE BANK LTD. VS SAGAR FOOD PRODUCTS - Calcutta.
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Computation of Limitation Period - The period taken to obtain a certified copy is generally excluded from the limitation period, provided the application for the certified copy was made within the prescribed time. The communication date of the award/order is crucial in determining the start of limitation, and delays caused by obtaining certified copies can be condoned if justified CONTAI CO-OPERATIVE BANK LTD. VS SAGAR FOOD PRODUCTS - Calcutta, BANSI DHAR VS BAJRANG LAL MAHABIR PERSHAD - Delhi.
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Procedure for Obtaining Certified Copies - Certified copies must be issued with proper seals and stamps, as required under Section 2(8) of the Evidence Act, to be considered valid. In some cases, the absence of such certification invalidates the copy for legal purposes Indian Bank, Chittoor VS V. R. Venkataraman - Andhra Pradesh.
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Filing and Expediting Certified Copies - Expedited issuance of certified copies is emphasized, especially in cases where delays impact filing deadlines. Courts have allowed condonation of delays caused by late receipt of certified copies, considering the circumstances such as holidays or procedural delays KRISHNAGAR CITY CO-OPERATIVE BANK LTD. VS SUKUMAR GHOSH - Calcutta, National Insurance Company Ltd. Through Assistant Manager VS Minati Das - Consumer, Andhra Cement VS Dy. Commissioner Central Excise, Guntur - Delhi.
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Consequences of Delay and Rejection of Applications - Applications for certified copies or for condonation of delay are subject to judicial scrutiny. If delays are justified by reasons like receipt timing or procedural issues, courts tend to condone the delay, provided proper application and documentation are presented KRISHNAGAR CITY CO-OPERATIVE BANK LTD. VS SUKUMAR GHOSH - Calcutta, National Insurance Company Ltd. Through Assistant Manager VS Minati Das - Consumer, Andhra Cement VS Dy. Commissioner Central Excise, Guntur - Delhi.
Analysis and Conclusion:
Filing a third-party application for a certified copy requires adherence to statutory provisions, notably the timely application and proper certification of the copy. The law generally permits excluding the time taken to obtain such copies from limitation calculations if the application is made within the prescribed period. Courts are sympathetic to delays caused by procedural or administrative factors, provided they are justified and properly documented. Ensuring certified copies are properly issued with seals and stamps is essential for their acceptance in legal proceedings.
Search Results for "Provision for Filing 3rd Party Certified Copy Application in a P"
2004 0 Supreme(Cal) 697 • India - Calcutta
ALOK KUMAR BASU
The Court also noted that Rule 227(4)(d) to the Act requires filing of the certified copy of the award along with the memorandum ... Whether the learned Single Judge erred in excluding the period spent for obtaining the certified copy in the matter of computation ... The Court held that the provision of Section 136(1) of the Act read with item No. 11 of the 3rd Schedule to the Act clearly prescribed ... within a month from communication of the award, as Rule 227 (4) (....
2004 0 Supreme(Cal) 696 • India - Calcutta
BARIN GHOSH, ALOK KUMAR BASU
in computing the limitation period as Rule 227(4)(d) requires filing of the certified copy along with the memorandum of appeal. ... communication of the award, should be read in conjunction with Rule 227(4)(d), which requires filing of the certified copy of the ... Whether the time taken for obtaining the certified copy of the award should be excluded in computing the limitation period for filing ... within a month from communicatio....
2014 0 Supreme(HP) 1432 • India - Himachal Pradesh
P.S.RANA
was to form part and parcel of the decree sheet, and the record of the lower courts was to be sent back forthwith along with a certified ... possession of the suit land, entitlement for the relief of permanent prohibitory injunction, maintainability of the suit, estoppel from filing ... copy of the judgment and decree sheet. ... Record of learned trial Court and learned first Appellate Court be sent back forthwith along with certified copy of this judgment and decree sheet prepared as per prov....
2024 Supreme(Online)(NCLAT) 1406 • India - National Company Law Appellate Tribunal
Rakesh Kumar Jain, J
due to receipt of certified copy and summer holidays - Application for condonation of delay approved as sufficient cause established ... The delay was attributed to timing of the receipt of the certified judgment and summer holidays affecting filing operations. ... ... ... Result: Application for condonation of delay in appeal allowed. ... 5.It is submitted that the certified copy of the impugned order was dispatched to the appellant on 06.05.2022....
2003 0 Supreme(AP) 1503 • India - Andhra Pradesh
B.PRAKASH RAO, S.R.K.PRASAD
copies - In the present case certified copy does not contain seal and stamp of Bank - Endorsement required u/Sec.2(8) of Act ... Evidence Act from production of original - It lays down particular procedure to produce copies which can be treated as certified ... is sine qua non in order to treat copy as true copy - In the absence of certificate issued u/Sec2(8) of Act it cannot be acted ... W. 1 is that the 1st defendant requisitioned the bank officials to their house and handed over the....
2005 0 Supreme(Bom) 1048 • India - Bombay
ANOOP V.MOHTA
The tenant must raise objection or make appropriate application to dispute the rent or for fixation of standard rent, failing which ... under Bombay Rent Act was issued and duly received by tenant he does not have any excuse, he has to follow with it under statutory provisions ... The tenant should not create any 3rd party interest during the extended period. Certified copy be expedited. Petition dismissed. ... The petitioner, however, not complied with the said noti....
1975 0 Supreme(Del) 121 • India - Delhi
B.C.MISRA
It does not include the time prior to the making of the application for the copy. 2. ... the certified copy. ... The court has the discretion to condone the delay in filing an appeal. ... Moreover, the application had first to be routed through the court concerned since the application for certified copy related to a pending matter. ... Suppose the period of limitation for filing an appeal is 30 days and a time of ....
• India - Consumer
V.B.GUPTA, REKHA GUPTA
* The petitioner herein is filing the present application for condonation of delay in filing the accompanying revision ... The counsel for the petitioner in Tripura received certified copy of the impugned order towards the ends of November 2011 and opined ... The counsel for the petitioner in Tripura received certified copy of the impugned order towards the end of November 2011 and opined ... As per the second application for condonation of delay ar....
2004 0 Supreme(Ker) 480 • India - Kerala
PIUS C.KURIAKOSE
the copy - However, the Land Acquisition Officer passed that application rejecting the previous one - A reading of order shows that ... the Land Acquisition Officer-3rd respondent, on the ground of limitation - He then filed an application within three months of obtaining ... Land Acquisition Act, 1894 - Section 28A - Application was filed by the petitioner which was rejected by ... The petitioner applied for certified copy of the judgment in L.A.R.No.85 of 1994 on 25....
2014 0 Supreme(Del) 2014 • India - Delhi
SANJIV KHANNA, V.KAMESWAR RAO
The respondent had applied for a certified copy of the order after a considerable delay, which the petitioner contended should be ... Ratio Decidendi: The court held that the starting point of limitation should be the date when the certified copy of the order ... The court also noted that the BIFR did not supply a certified copy of the order to the respondent-Revenue, and emphasized the importance ... The petitioners then claimed that the said application was rejecte....
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