Negotiable Instruments Act, 1881, Section 138, 142(b) -- Dishonour of cheque - Pre-mature complaint - Complaint filed before expiry of 15 days of service of notice - Complaint is not maintainable - Complaint and subsequent proceedings quashed - However, complainant may file fresh complaint within one month from date of order - Delay in filing complaint would be treated as..........
Limitation Act, 1963, Section 5 -- Condonation of delay - Delay of 14 days in filing intra-Court appeal - Period of limitation prescribed u/art 117 of Limitation Act for filing intra-Court appeal is 30 days - Explanation given for delay of 14 days is reasonable and sufficient for condoning delay - Alleged delay of 14 days is not so unreasonable and gross so as to shut out..........
Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 18(2), Recovery of Debts Due to Banks and Financial Institutions Act, 1993, Section 20(3) -- Appeal - Condonation of delay - Power of Appellate Tribunal - Delay in filing an appeal u/s 18(1) of Act can be condoned by Appellate Tribunal u/s 20(3) of RDB Act R/W..........
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..........
Civil Procedure Code, 1908, Order 9, Rule 7 -- Ex-parte proceedings - Setting aside - Where vital rights to an immovable property are involved, negligence is not such that it cannot be condoned by making payment of costs to plaintiff considering that valuable rights in an immovable property is involved and the period of non appearance an delay is only of around four months..........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Not filed within stipulated time - Extension of time - Explanation rendered for delay in filing written statement neither mala fide not improbable and is a plausible explanation - Delay in filing written statement condoned...........
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...........
