Civil Procedure Code, 1908, Section 100 -- Second appeal - When scope of second appeal is limited to examining of order of Appellate Tribunal declining condonation of delay, High Court ought not to have commented upon merits of the case, particularly when merits of case was not touched upon by Appellate Tribunal...........
Limitation Act, 1963, Section 5 -- Condonation of delay - Length of delay is definitely a relevant matter which Court must take into consideration while considering whether delay should be condoned or not...........
Limitation Act, 1963, Section 5 -- Condonation of delay - Once it is held that a party has lost his right to have the matter considered on merits because of his own inaction for a long, it cannot be presumed to be non-deliberate delay and in such circumstances of the case, he cannot be heard to plead that substantial justice deserves to be preferred as against the..........
Limitation Act, 1963, Section 5 -- Condonation of delay - While considering the plea for condonation of delay, Court must not start with the merits of the main matter - Court owes a duty to first ascertain the bona fides of explanation offered by the party seeking condonation - It is only if the sufficient cause assigned by the litigant and opposition of the other side is..........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Ex parte decree - Setting aside - Condonation of delay - There is no need to file a separate application for condonation of delay - Hyper technical view that there is violation of mandatory provision of law cannot be taken - Taking such a view would effectively mean ignoring the purpose of..........
Criminal Procedure Code, 1973, Section 378, Limitation Act, 1963, Section 5 -- Appeal against acquittal - Condonation of delay - There is hardly any acceptable explanation to condone huge delay of 1184 days in presenting appeal - Nothing is mentioned as to why State waited for 3 years to file appeal - Application for condonation of delay dismissed...........
Limitation Act, 1963, Section 5 -- Condonation of delay - Non filing of appeal within limitation - Sufficient cause - It must be established that due to some event or circumstance, before the limitation expired, it was not possible to file appeal within limitation - No event or circumstance arising after expiry of limitation can constitute such sufficient cause...........
Limitation Act, 1963, Section 5 -- Condonation of delay - Sufficient cause - Cannot be liberally interpreted, if negligence, inaction or lack of bona fides is attributed to the party...........
Limitation Act, 1963, Section 5 -- Condonation of delay - Delay of 1788 days in filing second appeal - Sufficient cause - Inordinate delay was not explained satisfactorily - No sufficient cause was shown for the same, and even no plausible reason was put forth by State - Application rejected...........
Limitation Act, 1963, Section 5 -- Condonation of delay - Directions issued to State to streamline the machinery touching the legal issues, offering legal opinion, filing of cases before Tribunal/Courts, etc., fix the responsibility on the officers concerned, and penalize the officers, who is/are responsible for delay, deviation, lapses, etc., if any, to the value of loss..........
