Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Service of summons without copy of plaint - Delay - No application for condonation of delay filed - When there is no due service of summons then there is no delay in filing the application...........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Delay of 10 days in filing complaint u/s 138 of the Act - Condonation - Complainant issued statutory notice to accused which was received by her on 5.09.2005 - On receipt of notice, accused sent reply notice on 26.09.2005 - Thereafter, complainant was bed ridden due to some serious ailment - Even,..........
Central Excise Act, 1944, Section 35E(4), 35E(3) -- Proviso to S.35E(3) of the Act - Orders of Adjudicating Officer - Review - Condonation of delay - Tribunal has ample power to condone the delay in filling appeal including the one filed u/s 35E(4) of the Act - Period which can be condoned in relation to filling of appeal u/s 35E(4) of the Act would include period availed..........
Limitation Act, 1963, Section 5 -- Condonation of delay - Delay condonation application not to be dismissed merely on the ground that delay was too long - Criteria for acceptance or rejection of explanation for delay rests on the bona fides of factual explanation offered by applicant...........
Limitation Act, 1963, Section 5 -- Condonation of delay - Delay of 789 days in filing appeal - Sufficient cause - Explanation offered by petitioner that on account of his migration to other State he could not meet his counsel within time and failed to file the appeal is not bona fide - More so, participation of petitioner in final decree proceedings exposes falsity of his..........
Limitation Act, 1963, Section 5 -- Condonation of delay - Lack of funds to file an appeal engaging the counsel is not a ground to condone the delay...........
Civil Procedure Code, 1908, Order 41, Rule 3A, Limitation Act, 1963, Section 5 -- Appeal - Condonation of delay - Delay of 168 days in filing appeal - No sufficient cause mentioned in the affidavit regarding delay except making bald unsubstantiated allegation - Basing on lame excuse or unsubstantiated cause, it is difficult to condone delay - Delay not condoned -..........
Limitation Act, 1963, Section 5 -- Condonation of delay - If appeal was decided on merits without any specific order condoning delay, delay must be deemed to have been condoned...........
Criminal Procedure Code, 1973, Section 473 -- Condonation of delay - Delay can be condoned considering circumstances of the case and also on noticing that delay has been properly explained or if Court finds that it is necessary so to do in the interest of justice - S.473 Cr.P.C. gives wide discretion to Court than that is provided by S.5 of Limitation Act...........
Criminal Procedure Code, 1973, Section 473 -- Condonation of delay - Should precede taking of cognizance - After taking cognizance of an offence which is barred u/s 468 Cr.P.C. Court cannot retrace its steps and condone delay at a post cognizance stage - Order of condoning delay should be by a speaking order...........
