Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Condonation of delay in filing complaint - Provision of S.142(b) of the Act cannot be considered to be effective with retrospective effect...........
Limitation Act, 1963, Section 14, 5 -- Exclusion of time is different and cannot be equated with condonation of delay - Period once excluded, cannot be counted for the purpose of computing period for which delay can be condoned...........
Limitation Act, 1963, Section 5, 14 -- Condonation of delay - Writ petition not entertained on the ground that appellant should approach Appellate Authority - Bona fides of appellant in filing writ petition not challenged - Appeal filed immediately after dismissal of writ petition - On exclusion of said period, appeal would be within condonable period - Delay condoned -..........
Limitation Act, 1963, Section 5, Civil Procedure Code, 1908, Order 9, Rule 13 -- Condonation of delay - Delay of 424 days in filing application for setting aside ex parte decree - Defendant failed to explain delay by establishing sufficient cause within the meaning of S.5 of Limitation Act - Application for condonation of delay rightly dismissed...........
Insolvency and Bankruptcy Code, 2016, Section 9 -- Corporate Insolvency Resolution process (CIRP) - Condonation of delay in filing application u/s 9 of IBC - Pendency of proceedings in a parallel forum is not sufficient cause for delay in filing an application u/s 9 of IBC, particularly by the time application was filed, claim had become barred by limitation...........
Civil Procedure Code, 1908, Order 41, Rule 3A -- Appeal - Condonation of delay - Cannot be claimed as a matter of right and only on genuine reasons, delay is to be condoned and not otherwise...........
Limitation Act, 1963, Section 5 -- Condonation of delay - Delay of 15 years and 244 days in filing revision - Explanation given by applicant though involving death of his counsel, yet said event do not explain the long time period of 15 years - There is thus, no sufficient cause made out to condone delay on basis of which Court may exercise its discretion in favour of..........
Civil Procedure Code, 1908, Order 41, Rule 3A -- Appeal - Condonation of delay of 645 days in filing appeal - Negligence/inaction on the part of petitioners in preferring appeal is on record - Petitioners failed to show any sufficient cause for condoning delay of 645 days in filing appeal - Application for condonation of delay rightly dismissed...........
Limitation Act, 1963, Section 5 -- Condonation of delay - False averments made in the application - Not feasible to exercise discretionary power conferred upon Court u/s 5 of the Act...........
Limitation Act, 1963, Section 5 -- Condonation of delay - It is incumbent on the part of a party seeking condonation of delay to satisfy Court by mentioning material details and justifying the cause...........
