Limitation Act, 1963, Section 5 -- Condonation of delay - Delay in filing first appeal - Appellate Court cannot decide appeal unless application for condonation of delay is decided in favour of appellant...........
Limitation Act, 1963, Section 5 -- Condonation of delay - Delay of 628 days in filing appeal - Delay in filing appeal not occasioned deliberately or on account of mala fide - But occurred due to negligence and lack of competence of concerned officers who could not even arrange for certified copy of judgment and decree of trial Court for about 2 years - Delay condoned..........
Limitation Act, 1963, Section 5 -- Condonation of delay - Application for condonation of delay in filing appeal cannot be rejected merely on the ground that there is great delay because law of limitation is not meant to take away right of appeal and length of delay is not very much material if there is some substance in ground and on merit also...........
Limitation Act, 1963, Section 5, Civil Procedure Code, 1908, Order 41, Rule 3A -- Condonation of delay - Interlocutory application filed u/s 5 of Limitation Act r/w O.41.R.3-A CPC to condone delay in filing appeal is not `incidental proceedings' referred in O.41.R.14(4) CPC...........
Limitation Act, 1963, Section 5 -- Condonation of delay - Delay in filing appeal - Sufficient cause - Appellant had gone out of place for earning his livelihood and he could not contact his counsel - Constitutes sufficient cause for condonation of delay - Delay condoned...........
Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 17, Limitation Act, 1963, Section 14(2) -- Delay in filing appeal - Condonation of - Applicability of S.14(2) of Limitation Act - As per facts one petition was filed to challenge demand notice and other to challenge sale notice - As per S.14 of Limitation Act, time..........
Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 17 -- Appeal - Delay in filing - Condonation of delay - Neither DRT has power to condone delay while exercising powers u/s 17 of SARFAESI Act nor High Court can extend time of limitation for entertaining application u/s 17 of SARFAESI Act...........
Limitation Act, 1963, Section 5 -- Condonation of delay - Delay of 141 days in filing appeal - Petitioner has not properly explained the reasons for delay - Moreover, impugned order challenged under appeal is no longer having any force being substituted by another order - Application for condonation of delay dismissed...........
Companies Act, 2013, Section 421(3) -- Condonation of delay in filing appeal - Appeal against order of National Company Law Tribunal (NCLT) - Period of limitation of 45 days prescribed in S.421(3) of the Act, would start running only from date on which a copy of order of Tribunal is made available to person aggrieved - However, appellants chose to apply for a certified..........
Criminal trial -- Condonation of delay - Delay in filing appeal against conviction - Where life and liberty of a person is in question, one right of appeal has always been accepted and appropriate steps must be taken to effectuate that right - Considerations on account of delay and limitation ought not to negate right of appeal of accused...........