AI Overview...
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Time Excluded in Condonation of Delay
The courts recognize that the period spent in pursuing a review petition in good faith, with diligence, can be excluded from the computation of delay for filing appeals or review petitions. This includes time taken to obtain necessary documents such as carbon copies of orders. For example, the Supreme Court in (2012) 6 SCC 782 held that the time spent in diligently pursuing the remedy of review may be excluded from the limitation period Monika Gupta VS Sanjay Bansal - Delhi. Similarly, courts have accepted that obtaining a carbon copy of an order satisfies the requirement for exclusion of time spent in this process Abdul Hammed Khan VS Father Khan - Andhra Pradesh.
The principle is that bona fide and diligent pursuit of review proceedings justifies excluding the period from limitation calculations, provided there is no misconduct or delay caused by negligence.
Analysis and Conclusion
The main insight is that courts tend to favor excluding time spent in pursuing review petitions if pursued diligently and in good faith, which can justify condonation of delay. However, if the review was not filed within the prescribed period or lacked bona fide effort, the time spent cannot be excluded Amit Angral VS Mona Sharma - Jammu and Kashmir. -
Diligence and Good Faith in Pursuing Review
Courts have emphasized that the time spent pursuing a review in good faith and with reasonable diligence can be excluded from limitation calculations. This is supported by case law where delays caused by legal advice or procedural steps, like obtaining copies, are considered for exclusion New India Assurance Co. Ltd. VS Mushtaq Ahmad Dalal - Jammu and Kashmir, Amrit Kalita VS Rajani Kanta Kalita - Gauhati.
Conversely, delays due to neglect, misadvice, or after the expiry of limitation are generally not condonable, and the time spent cannot be excluded VRL Logistic Ltd. , (Formerly M/s. Vijayanand Roadlines Limited) VS M. M. Gears Pvt. Ltd. - Consumer, Union of India, through District Manager, Telephones VS Nadhu Shah Kapoor - Consumer. -
Limitations and Conditions for Condonation
The courts have consistently held that condonation of delay is discretionary and depends on the applicant establishing sufficient cause, such as bona fide effort, diligence, or unavoidable circumstances. For instance, delays of over several months have been refused condonation when defaults or lack of vigilance are evident VRL Logistic Ltd. , (Formerly M/s. Vijayanand Roadlines Limited) VS M. M. Gears Pvt. Ltd. - Consumer.
Moreover, if the review petition was filed beyond the limitation period without valid reasons, the time spent cannot be excluded, leading to dismissal of the review or delay condonation application Amit Angral VS Mona Sharma - Jammu and Kashmir. -
Legal Provisions and Judicial Approach
The Limitation Act, especially Section 5, provides for condonation of delay, but courts interpret this flexibly, considering the nature of the delay and conduct of the party. The courts have also clarified that there is no provision in the Act for review petitions, but delays in filing them can still be considered under the principles of judicial discretion and fairness Union of India, through District Manager, Telephones VS Nadhu Shah Kapoor - Consumer, Suresh VS Momshri - Allahabad.
References:
- Monika Gupta VS Sanjay Bansal - Delhi
- Abdul Hammed Khan VS Father Khan - Andhra Pradesh
- New India Assurance Co. Ltd. VS Mushtaq Ahmad Dalal - Jammu and Kashmir
- Amit Angral VS Mona Sharma - Jammu and Kashmir
- Amrit Kalita VS Rajani Kanta Kalita - Gauhati
- VRL Logistic Ltd. , (Formerly M/s. Vijayanand Roadlines Limited) VS M. M. Gears Pvt. Ltd. - Consumer
- Union of India, through District Manager, Telephones VS Nadhu Shah Kapoor - Consumer
- Suresh VS Momshri - Allahabad
Search Results for "Review Petition Time Excluded in Condonation of Delay"
2023 0 Supreme(Del) 3419 • India - Delhi
VIBHU BAKHRU, AMIT MAHAJAN
Issues: Delay in filing the appeal, diligence in pursuing the review petition, condonation of delay. ... dismissing the review petition. ... Ratio Decidendi: The time taken by a party in diligently pursuing the remedy of review may be excluded from consideration ... , (2012) 6 SCC 782 in support of his contention that the period spent by the party in pursuing the review petition#HL_EN....
1980 0 Supreme(AP) 293 • India - Andhra Pradesh
A.RAMANUJULU NAIDU, V.MADHAVA RAO
The delay in filing the review petitions was 18 days, if the time taken for obtaining the carbon copies was excluded. ... The petitioner sought condonation of the delay. ... CARBON COPY OF ORDER TO BE EXCLUDED WHILE COMPUTING LIMITATION PERIOD FOR FILING REVIEW PETITION - CARBON COPY SATISFIES REQUIREMENT ... Therefore, if the days spent for obtaining the carbon copy are excluded, the re....
1998 0 Supreme(J&K) 219 • India - Jammu and Kashmir
G.L.RAINA
Ratio Decidendi: The court held that the time spent in pursuing a review petition in good faith can be excluded from the prescribed ... The Insurance Company filed a review petition after receiving legal advice, leading to a delay in filing an appeal. ... The claimants resisted the application for condonation of delay, arguing lack of vigilance on the part of the insurer. ... time spent in prosecuting a misconceiv....
2022 0 Supreme(J&K) 649 • India - Jammu and Kashmir
PUNEET GUPTA
proceedings cannot be excluded as the review petition was not filed within the limitation period. ... spent in review proceedings cannot be excluded. ... The applicant's knowledge of the suit proceedings and the passing of the decree, as well as the failure to file the review petition ... The time spent in review proceedings cannot be excluded in the case in hand as the court finds no mention in the application tha....
2019 0 Supreme(Gau) 988 • India - Gauhati
MIR ALFAZ ALI
It held that the time spent in pursuing the review petition can be excluded in computing the period of limitation if pursued honestly ... It held that the time spent in pursuing the review petition can be excluded in computing the period of limitation if pursued honestly ... The court considered the time spent in pursuing the review petition and the delay of 129 days after the di....
• India - Consumer
R.C.JAIN, S.K.NAIK
for condonation of delay declined and Revision Petition dismissed. ... of 351 days in filing of Revision Petition—Time consumed in filing of review petition before State Commission— Repeated defaults ... proceedings is excluded, assuming that same was filed under some mis-advice, further delay of more than 200 days remains to be unexplained—Application ... The application for condonation of delay ....
• India - Consumer
for delay condonation is unacceptable as there is no provision in the Act for filing review. ... of delay on the ground that application was prosecuting review petition before forum in a bona-fide belief, is no ground to allow ... months - Delay sought to be condoned on the ground that appellant was prosecuting review of the order in a bona-fide belief - Reason ... In the affidavit filed in support of the petition for cond....
2013 0 Supreme(All) 3219 • India - Allahabad
SUDHIR AGARWAL
Delay Condonation - Writ Petition - Limitation Act, 1963 - Section 5 - Section 14 - [Section 5, Section 14 of Limitation Act, ... Fact of the Case: The writ petition is directed against the order allowing delay condonation application filed under ... allowing delay condonation application. ... Thereafter he filed a regular appeal alongwith delay condonation application under Section 5 of Act, 1963 and by means of....
1997 0 Supreme(All) 743 • India - Allahabad
B.K.SINGH, J.BHALLA, K.C.BHARGAVA
LIMITATION ACT - SECTION 5 - CONDONATION OF DELAY - APPLICATION FOR CONDONATION OF DELAY IN FILING REVIEW PETITION - SUFFICIENT ... Issues: Whether the Mandi Samiti had made out a case for condonation of delay in filing the review petition. ... The review petition was filed after a delay of more than 8 months after the Supreme Court had dismissed the special Le....
2025 Supreme(Online)(Guj) 8517 • India - IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
ANIRUDDHA P. MAYEE, J
Court discusses the maintainability of the writ petition versus an appeal against the original decree upheld by the Reference Court ... (Paras 3, 6) ... ... (B) Review Applications - Nature and implications of filing a review application ... (A) Constitution of India - Article 227 - Special Civil Application - Challenge against an order dismissing a review application ... Time taken by a party in diligently pursing the remedy by way of review may in appropriate cases be exc....
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