‘Timelines are of great significance in IBC’; NCLAT dismisses condonation of delay application
Limitation shall commence from the date when order is passed and shall not depend on the date when Appellant came to know of the order.
Condonation of delay
‘Jurisdiction under Article 227 is vast, should be exercised sparingly’; Calcutta High Court upholds lower court’s order to condone delay
“By the Civil Procedure Code (amendment Act, 1999) the scope of Section 115 of the code has been curtailed but that does not mean that due to such curtailment, the High court’s power of superintendence under Article 227 has been expanded.”
COVID-19 Limitation Period Suspension included outer limit of period to condone delay: Supreme Court
The appellants mainly averred that the further period of 90 days had not expired on the date of imposition of lockdown as on 23-03-2020.
Limitation period to appeal against Family Court’s decree is thirty days, delay can be condoned if sufficient cause is shown: Delhi High Court clarifies
“Section 28 of the Hindu Marriage Act, 1955 and Section 19 of the Family Courts Act, 1984 operate in different spheres and apply to orders passed by different forums i.e., District Court and the Family Court respectively.”
NCLAT dismisses appeal due to delayed defect rectification and insufficient justification for delay
“In application for condonation of delay in refiling of appeal, the applicant/appellant has to give sufficient reason for not re-filing the appeal within the time prescribed.”
Delhi High Court | Courts must prioritise purpose of a statute over technicalities while deciding condonation of delay applications
The primary intent of the Pre-Conception and Pre-Natal Diagnostic Techniques Act, 1994 Act is to safeguard the rights of the unborn girl child and promote gender equality by curbing the misuse of diagnostic techniques for sex determination. Therefore, while deciding applications seeking condonation of delay, Courts should prioritize the Act’s underlying purpose over technicalities.
Know Thy Judge| Justice Alok Aradhe: 6th Chief Justice of Telangana High Court
Justice Alok Aradhe was sworn in as Chief Justice of Telangana High Court on 23-07-2023 by the Governor Tamilisai Soundararajan. He succeeded Justice Ujjal Bhuyan who has been elevated as a Judge in the Supreme Court of India. Justice Aradhe has formerly served as Judge in Karnataka, Jammu and Kashmir and Madhya Pradesh High Courts.
[Condonation of Delay] Filing of claim under wrong category is not substantial ground for condoning delay: NCLAT
The NCLAT rejected an application seeking Condonation of Delay of 49 days (about 1 and a half months) on the ground of want of sufficient cause.
Specific Relief| Supreme Court shows dismay over Trial Court & Telagana HC’s orders allowing “hopelessly delayed” application seeking extension of time filed after 853 days; sets aside order
The Supreme Court was unimpressed with the explanation given by the plaintiff for the delay of 853 days that he initially fell sick with Jaundice and was later confined to house with High Blood Pressure, Diabetes and other diseases. The petition had extension of time to deposit the balance sale consideration of Rs. 15,00,000/-.
Delay cannot be condoned under Payment of Gratuity Act by taking the aid of the provisions of Limitation Act: Kerala High Court
Kerala High Court perused Section 29(2) of the Limitation Act, 1963 and Section 7(7) of the Payment of Gratuity Act, 1972 and held that the authority under the Payment of Gratuity Act cannot condone the delay in filing an appeal by entertaining an application under Limitation Act.
Absence of application to condone delay barred by limitation; Madras High Court quashes FIR against self-styled Godman Shiva Sankar Baba
Madras High Court: In a criminal original petition filed under Section 482 of the Code of Criminal Procedure (CrPC) for
NCLAT | Time taken for preparation of the certified copy of the order/judgment excluded for limitation under Section 61 of the Insolvency & Bankruptcy Code, 2016
National Company Law Appellate Tribunal: Dismissing a time-barred appeal, the Principal Bench of National Company Appellate Tribunal comprising of Ashok Bhushan, J.
Whether the delay in filing complaints against unregistered sub-brokers, can be condoned? SEBI Special Court answers
Securities and Exchange Board of India (SEBI), Special Court, Maharashtra: In the instant case dealing with unregistered brokerage, Vishal Sadashivrao
Whether S. 5 Limitation Act, 1963 apply to appeals under S. 18 of POSH Act, 2013? Delhi High Court answers
Delhi High Court: C Hari Shankar, J. opined that Section 5 of the Limitation Act, 1963 will apply in respect
Whether right to claim maintenance under Domestic Violence Act and S. 125 CrPC are mutually exclusive? Del HC elaborates
Delhi High Court: Asha Menon, J., observed that, the right to claim maintenance under the Domestic Violence Act and those under Section
A 138 NI complaint filed was barred by limitation but such issue was raised for the first time before the Appellate Court and not Trial Court; Read to know what Kar HC observed
Karnataka High Court: HP Sandesh J. dismissed the petition and upheld the judgment by the Appellate Court and further directed the complainant
Law of Limitation| Exercise of power of discretion if made excessively, it would defeat the purpose and object of law of limitation; Courts not to travel beyond permissible extent
Madras High Court: Expressing that, Power of discretion is to be exercised to mitigate the injustice if any occurred to the litigants,
Delay of 1011 days condoned by Andhra Pradesh HC! What a grave error, holds Supreme Court
Supreme Court: In a case where the Andhra Pradesh High Court had condoned a delay of 1011 days even though no sufficient
Condonation of Delay | Litigants who indulge in frivolous litigation, clog arteries of justice delivery system: Read Court’s opinion on vexatious litigation
Saket Courts, New Delhi: Anuj Agrawal, Additional Sessions Judge-05, while addressing the present matter, expressed that, A litigant who takes liberty with