Limitation Act, 1963, Section 5 -- Condonation of delay - Delay in filing appeal - Appeal has been filed after an inordinate delay of 26 years - Admittedly, no notice was issued and appeal was admitted on first day of hearing without issuance of notice to petitioner - Appellate authority has not only ignored the provisions envisaged under the Act but also overlooked..........
Limitation Act, 1963, Section 5 -- Condonation of delay - Delay of 546 days in filing appeal - Unaware of disposal of suit for a long period of 2 years does not amount to sufficient cause - Negligent attitude on the part of petitioner in pursuing the matter during course of trial proceedings in the suit as well as in preferring appeal is borne by record - Delay not..........
Arbitration and Conciliation Act, 1996, Section 37, Limitation Act, 1963, Section 5 -- Appeal - Condonation of delay - Ground that delay in filing appeal u/s 37 of the Act is not condonable beyond 120 days is misconceived...........
Arbitration and Conciliation Act, 1996, Section 37, Limitation Act, 1963, Section 5 -- Appeal - Condonation of delay of 337 days in filing appeal - Failure to show sufficient cause for condonation of inordinate delay of 337 days in filing appeal - Though liberal approach may be adopted when some plausible cause for delay is shown, however, liberal approach does not mean..........
Civil Procedure Code, 1908, Section 115 -- (as amended in State of Orissa) - Revision - Maintainability - Order allowing application u/s 5 of Limitation Act - Application for condonation of delay in filing first appeal has no independent existence bereft of appeal - It cannot be said that said order passed in limitation application was passed in any original or independent..........
Limitation Act, 1963, Section 5 -- Condonation of delay - Delay of 2575 days in filing second appeal - Condonation of delay cannot be allowed merely based on merits in the main appeal - However, in certain circumstances, Courts can take a lenient view if reasons are genuine and if delay is about three months or upto five or six months, Courts may take a lenient view, but..........
Criminal Procedure Code, 1973, Section 378 -- Appeal against acquittal - Delay in filing appeal - Condonation of delay - Delay has apparently been caused due to red tapism in the office of District Magistrate - It cannot be accepted as a sufficient cause for delay - Moreover, case is virtually of no evidence - Delay cannot be condoned - Appeal dismissed...........
Limitation Act, 1963, Section 5 -- Condonation of delay - Delay in filing appeal - Appellant had gone out of State for earning his livelihood and his brother also died after prolonged disease - He therefore, could not contact his counsel nor his counsel informed him about decreeing of suit in favour of plaintiff - Order dismissing application for condonation of delay set..........
Limitation Act, 1963, Section 5 -- Condonation of delay - Delay of 1011 days in filing second appeal - No explanation much less a sufficient or a satisfactory explanation had been offered by appellants before High Court for condonation of huge delay of 1011 days in preferring second appeal - High Court is not at all justified in exercising its discretion to condone such a..........
Limitation Act, 1963, Section 5 -- Condonation of delay - Delay of 15 days in filing appeal - Decree under Hindu Marriage Act - Appeal filed on 4.8.2021, though judgment challenged under appeal was delivered on 23.11.2019 - Excluding period of limitation prescribed under Hindu Marriage Act and period taken for getting certified copy of judgment and also excluding period as..........
