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 8, Rule 1 -- Written statement - Not filed within statutory period - Commercial suit - Period upto which delay could be condoned was 120 days and not beyond that - Filing of written statement by defendant after 128 days, held not accepted - Order permitting defendant to file written statement quashed and set aside...........
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...........
Negotiable Instruments Act, 1881, Section 138, 142(1)(b) -- Dishonour of cheque - Condonation of delay of 9 days in filing complaint - Petitioners who is authorised signatory of company, could not file complaint within stipulated time, as he had to go out of station, during which period, he also suffered from jaundice and said factors ought to have been considered by trial..........
Limitation Act, 1963, Section 5 -- Condonation of delay - Delay in filing review petition - Review petition filed by appellants after dismissal of SLP in limine - It cannot be said that time period spent in prosecuting SLP albeit some delay on part of appellants, will preclude appellants from seeking condonation of delay of period in filing review petition - Delay..........
