Limitation Act, 1963, Section 5 -- Condonation of delay - Delay of 2 years 29 days in filing application to restore suit dismissed in default - Plaintiffs were not informed by advocate representing them about dismissal of suit - Immediately on coming to know about such dismissal of suit, plaintiffs acted upon and filed necessary application - Delay condoned subject to cost..........
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..........
Limitation Act, 1963, Section 5 -- Condonation of delay - Uncondonable delay cannot be condoned in a routine manner - Condonation of delay is an exception - Exceptions are to be exercised discreetly, if reasons furnished are genuine and acceptable...........
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..........
Arbitration and Conciliation Act, 1996, Section 34 -- Arbitral award - Setting aside - Limitation - Condonation of delay - Application for setting award was made on 28 Mar 2014 accompanied by an application for condonation of delay of eight days - Court therefore, had power to condone eight days delay, which is less than thirty days in terms of S.34(3) Proviso of the Act -..........
Limitation Act, 1963, Section 5, Civil Procedure Code, 1908, Order 9, Rule 13 -- Condonation of delay of 1246 days in filing application U.O.9.R.13 CPC - Address of defendant mentioned different in different documents - Making the defendant to suffer under an ex parte decree passed would be unjustifiable - Substantial justice should be done by giving due opportunity to..........
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 - If there is a malafide attributed and established against the party concerned, then definitely even shortest delay cannot be condoned...........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act,1963 -- Ex parte decree - Setting aside - Condonation of delay - Defendants contended that their local Advocate died and therefore they could not get any communication from advocate - Moreover, defendants though filed their written statement, but did not participate in the proceedings - No reason found to..........
Limitation Act, 1963, Section 5, Arbitration and Conciliation Act, 1996, Section 34(3) -- Condonation of delay - Delay of 197 days in filing petition u/s 34 of 1996 Act - S.5 of Limitation Act is not applicable to condone delay beyond the period prescribed u/s 34(3) of 1996 Act - Delay of 197 days being beyond the period prescribed u/s 34(3) of 1996 Act cannot be condoned...........
