Service -- Misconduct - Condonation - Delay in holding disciplinary proceedings on account of pendency of criminal proceedings - Not a ground to hold that there had been a conscious act on the part of authorities to condone the misconduct on the part of the appellant - For the purpose of holding that misconduct was condoned by the employer the Court must come to a definite..........
Limitation Act, 1963, Section 5 -- Delay of 2-1/2 months in filing appeal - Lower Appellate Court dismissed the Application for condonation of delay along with appeal as barred by limitation - Plaintiff nothing to gain by causing the delay - Negligence of plaintiff in itself not sufficient to dislodge his case - While considering the question of condonation of delay, the..........
Consumer Protection Act, 1986, Section 15, 17(1)(d) -- Appeal -Condonation of delay - Delay of 337 days in filing appeal - Plea of the appellant that copy of the impugned order was not received by the appellant and it cama to notice after intimation about filing of execution application under Section 27 of the Act - Held that delay has to be condoned in order to avoid..........
Consumer Protection Act, 1986, Section 21(b) -- Appeal - Condonation of delay - Sufficient cause - Delay of 422 days in filing before the State Commission - The official callousness and carelessness by way of internal movements and lack of follow-up by the petitioner cannot be a ground for condoning the delay - The State Commission rightly held the appeal to be time barred..........
Civil Procedure Code, 1908, Order 22, Rule 4, 9, 11, Limitation Act, 1963, Section 5 -- L.R's - Impleading of - Delay of six years - Setting aside abatement and condonation of delay - Applicants residents of rural area and not knowing that L.R's have to be brought on record within certain time - Rules of procedure are designed to advance justice and should be so..........
Limitation Act, 1963, Section 5 -- Delay - Condonation - Separate application - In application for setting aside abatement prayer for condoning delay is sufficient - Relief of condoning delay cannot be declined merely on the ground that a separate application for condoning delay is not filed...........
Civil Procedure Code, 1908, Order 41, Rule 3-A -- Appeal - Delay - Condonation - Application supported by affidavit of counsel that file was misplaced - No requirement of the provision that affidavit must be filed by the party - Affidavit of the person who is responsible for the delay is sufficient...........
Consumer Protection Act, 1986, Section 24A -- Limitation - Possession of the flat taken by the petitioner in February, 1995 - Complaint alleging deficiency in service filed in 2001 - Held that without filing an application for condonation of delay, in terms of Section 24A of the CP Act, the complaint clearly time-barred...........
Consumer Protection Act, 1986, Section 19 -- Appeai - Limitation -Condonation of delay - Case closed for order in June 2004 - Order passed on 04.11.2004 - Copy sent to the appellant on 30.12.2004 and appeal filed on 07.03.2006 - No effort made to find out as to what happened to final order - No merit in application of condonation of delay...........
Consumer Protection Act, 1986, Section 21(b) -- Revision - Condonation of delay - Revision filed against the order of State Commission whereby appeal of the petitioner against order of District Forum dismissed as barred by limitation - Revision filed after a delay of 417 days - Averments made in paras of application vague - Delay not satisfactorily explained - None was..........
