Limitation Act, 1963, Section 5, Civil Procedure Code, 1908, Order 41, Rule 3A -- Condonation of delay - Delay of 44 years in filing appeal - Whenever a time barred appeal is preferred, an application u/s 5 of the Act is required to be filed along with such time barred appeal and if no separate application is submitted, then reasons of delay are required to be discussed in..........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Condonation of delay in filing complaint - Filing of application for condonation of delay is statutory mandate - Reasons for delay should be disclosed - Court to consider reasons disclosed independently and to come to a judicious conclusion that in the facts and circumstances of the case..........
Civil Procedure Code, 1908, Order 41, Rule 19, Limitation Act, 1963, Section 5 -- Restoration of appeal dismissed in default - Condonation of delay of 5250 days - When delay of long period of time is sought to be condoned, Court should not rule out involvement of third parties in litigation - Court, in fact, should presume that third party rights may have been created..........
Limitation Act, 1963, Section 5 -- Condonation of delay - Merely writing one line that application u/s 5 of the Act is allowed, does not serve the purpose or fall within the ambit of a reasoned order - Order allowing application set aside - Matter remanded...........
Limitation Act, 1963, Section 5, Commercial Courts Act, 2015, Section 13(1A) -- Condonation of delay - Delay of 154 days in filing appeal - Plea of physical ailments of proprietor duly supported by medical evidence, factum of passing of order impugned coming into light by way of inquiry conducted by a subsequently engaged counsel, coupled with a very significant aspect..........
Criminal Procedure Code, 1973, Section 473 -- Condonation of delay - Delay should not be condoned as a matter of routine without sufficient reasons - Court while condoning delay has to record reasons for its satisfaction and same must reflect in the order - Extension of period of limitation merely on ground that it is necessary to do so in the interest of justice and not..........
Criminal Procedure Code, 1973, Section 473 -- Condonation of delay - Trial Court while condoning delay did not consider veracity of reason offered by prosecutor to condone delay - Trial Court ought to have considered whether reason offered by prosecutor to condoned delay is genuine and reasonable or not - Since impugned order is bereft of any reason, order set aside -..........
Civil Procedure Code, 1908, Order 22, Rule 3, 9(2), Limitation Act, 1963, Section 5 -- Impleadment of L.R's - Non substitution - Abatement of appeal - Application for impleadment filed without accompanied by an application for condonation of delay - Nearly two months later application filed U.O.22.R.9(2) r/w S.5 Limitation Act - This sequence of filings, devoid of timely..........
Limitation Act, 1963, Section 5 -- Condonation of delay - Condonation of delay is a matter of discretion of Courts and S.5 of the Act does not say that such discretion can be exercised only if delay is within a certain limit...........
Limitation Act, 1963, Section 5 -- Condonation of delay - Length of delay is no matter, acceptability of explanation is only a criteria...........
