Limitation Act, 1963, Section 5 -- Condonation of delay - Orders condoning delay must contain reasons and cannot be mechanically passed - While condonation of delay is discretionary, recording of reasons is mandatory - Courts should also consider awarding costs while condoning the delay...........
Limitation Act, 1963, Section 5 -- Condonation of delay - Delay of 1686 days in filing revision petition - Petitioner has not availed of available appellate remedy but instead has sought to revive a matter, which has been beset with laches and lapses - Unexplained delay which has been caused being solely attributable to petitioner - Delay cannot be condoned...........
Limitation Act, 1963, Section 5 -- Condonation of delay - Delay of 118 days in filing appeal - Delay occurred on account of counsel for applicant - Delay does not appear to be lack in bona fides or is due to gross negligence or deliberate inaction - Party ought not to suffer if counsel has been plagued with problems - Delay condoned being sufficiently and satisfactorily..........
Limitation Act, 1963, Section 5 -- Condonation of delay - Delay of 2117 days in filing restoration application - No cogent and proper explanation given for condonation of such a huge delay - Even, explanation furnished by plaintiffs in so many paragraphs of delay condonation petition fails to provide sufficient cause for delay - Order allowing petition for condonation and..........
Limitation Act, 1963, Section 5 -- Condonation of delay - Delay of 29 years in filing revision - No sufficient explanation has been offered by petitioner for such an inordinate delay - Conduct of petitioner prima facie appears to be mala fide - Delay cannot be condoned unless sufficient reason is assigned...........
Limitation Act, 1963, Section 5 -- Condonation of delay - Delay of more than 3 years in filing appeal - No evidence was produced by petitioner for condoning delay apart from making a bald statement that he was mentally upset and not aware of proceedings - Delay cannot be condoned mechanically in absence of sufficient cause - Considering that there is an inordinate delay of..........
Limitation Act, 1963, Section 5, Hindu Marriage Act, 1955, Section 13 -- Condonation of delay - Delay of 166 days in filing appeal against ex parte decree of divorce - Husband solemnized second marriage after getting decree of divorce and at the time of second marriage no appeal was preferred by wife - Delay condonation application filed by wife along with appeal had..........
Criminal Procedure Code, 1973, Section 384 -- Condonation of delay - Delay in filing appeal - While considering a delay petition, Court cannot impose a condition to deposit part of amount covered by verdict impugned, as a pre-requisite to condone delay in filing an appeal...........
Limitation Act, 1963, Section 5 -- Condonation of delay - Delay in filing substitution application - Liberal approach is to be adopted by Court while considering sufficient cause and in the matters of substitution, pending suit...........
Limitation Act, 1963, Section 5 -- Condonation of delay - Delay in filing substitution application - Trial Court condoned delay on sufficient cause being shown i.e Corona Pandemic - Exercise of discretion by trial Court in a judicial manner which advances the cause of justice - No inference warranted in said findings of trial Court - Delay rightly condoned...........
