13 December 2021

Search Results for Tag : Condonation


Rescue under the provision is for bona fide litigious activity(25.07.2016)

In instant case, Appellant was aggrieved by order of Additional District Judge allowing Respondent’s application under Section 14 of Limitation Act, .....

Tags : Delay, Condonation, bona fide litigious activity


When a decree or order is of High Court and an appeal is to be filled in same court, period of limitation is of 30 days from date of decree or order(09.03.2017)

Appeal has been filed challenging judgment passed by a Single Judge whereby the arbitral award passed by sole arbitrator was upheld. Along with said a.....

Tags : Delay, Condonation, Sufficient cause


Tenant could not be penalized for the Advocate's default(21.09.2017)

The Plaintiff filed the present suit on 22nd November, 2013 claiming a decree for recovery of khas possession of the suit premises, decree for arrear .....

Tags : Delay, Condonation, Legality


Court shall not set aside the decree on mere irregularity in service of summons(21.05.2018)

The Petitioners are the Defendants 3 to 5 and 7 and 8 and the Respondent is the Plaintiff in the suit. The suit was filed for the realisation of Rs. 9.....

Tags : Ex-parte decree, Delay, Condonation


Even if a party successfully shows sufficient cause, still party is not entitled for condonation of delay as a matter of right(15.11.2018)

The present revision petition has been filed against the order passed by State Commission in First Appeal. Alongwith this revision petition, an applic.....

Tags : Delay, Condonation, Grant


Failure of a lawyer in taking timely steps, which resulted in causing delay in its filing/refiling, cannot be regarded as a sufficient cause to condone the delay(12.03.2019)

In the facts of present case, the Respondent filed a civil suit against the Appellants (HUDA) claiming a decree for declaration with consequential rel.....

Tags : Delay, Condonation, Entitlement


Right to appeal being a statutory right, Defendant cannot be deprived of same merely on ground that, application to set aside ex-parte order was earlier dismissed(21.11.2019)

Present appeal arises out of the impugned order passed by the High Court by which the High Court has refused to condone the delay of 546 days in filin.....

Tags : Delay, Condonation, Ex-parte decree


If the cause of delay as explained by Assessee is found to be factually correct then, laps on part of Assessee cannot be a ground for rejecting condonation of delay(20.07.2020)

Present appeal by the Assessee is directed against the order of the Commissioner of Income Tax (Appeal) (CIT(A)), Jaipur. There is delay of 349 days i.....

Tags : Assessment, Delay, Condonation


NCLAT is empowered to condone the delay upto a period of 45 days(18.09.2020)

The Appellants have come up with the present appeals, challenging an order passed by the National Company Law Appellate Tribunal (‘NCLAT’) dismissing .....

Tags : Prescribed period, Delay, Condonation


If the delay is properly explained and no third party rights are being affected, the writ court under Article 226 of the Constitution may condone the delay(06.11.2020)

The Appellant is aggrieved by indefinite order of blacklisting. The High Court dismissed the writ petition in limine, only on the ground of delay, as .....

Tags : Blacklisting order, Legality, Delay, Condonation


Multiple matrimonial/penal proceedings launched by daughter-in- law against Assessee's entire family is a sufficient reason beyond assessee’s control and sufficient to condone the delay(29.01.2021)

Appellant by filing the present appeal sought to set aside the impugned order passed by the Commissioner of Income-tax (Appeals), Delhi qua the assess.....

Tags : Assessment, Additions, Delay, Condonation


Consumer fora has no jurisdiction to accept the written statement beyond the period of 45 days(11.02.2021)

The Petitioners have preferred the present special leave petition against the impugned order passed by the National Consumer Disputes Redressal Commis.....

Tags : Written statement, Delay, Condonation


Huge delay cannot be condoned under Section 61 of the I and B Code(22.02.2021)

In facts of present case, impugned order has been passed by the Adjudicating Authority (National Company Law Tribunal) dismissing Appellant's applicat.....

Tags : Delay, Condonation, Entitlement


Any delay beyond the extended period of thirty days after expiry of normal period of sixty days, cannot be condoned(01.04.2021)

Present appeal is directed against the order passed by the Commissioner of Customs (Appeals), by which the appeal filed to assail the order passed by .....

Tags : Delay, Condonation, Entitlement


In the absence of an application seeking condonation of delay, the written statement could not be taken on record(12.10.2021)

The present petition was filed impugning the order of the District Judge (Commercial), dismissing of the application of the Petitioner/defendant under.....

Tags : Delay, Condonation, Eligibility


Section 5 of Limitation Act shall not be applicable to the appeal against the order of Recovery Officer(24.11.2021)

The original respondent has preferred the present appeal dissatisfied with the impugned judgment passed by the High Court by which the High Court has .....

Tags : Applicability, Provision, Delay, Condonation



P&H High Court Condones Mandatory Period of 1Yr for Filing Divorce Petition(14.09.2021)

P&H HC has granted divorce decree to a couple who had stayed together only for two days after they had gotten married. The Court has allowed the appli.....

Tags : Punjab and Haryana High Court, Condonation of Filing Divorce Petition


SC: NCLAT Has No Jurisdiction to Condone Delay Exceeding 15 Days From Period Of 30 Days(15.09.2021)

Supreme Court observed that the National Company Law Appellate Tribunal (NCLAT) has no jurisdiction to condone the delay exceeding 15 days from the pe.....

Tags : Supreme Court, National Company Law Appellate Tribunal, Condonation of Delay


ITAT, Bangalore: Shortage of Manpower on Account of Merger Sufficient for Condonation of Delay(24.03.2021)

Income Tax Appellate Tribunal, Bangalore has stated that shortage of manpower and lack of guidance/expertise in taxation, on account of merger of Stat.....

Tags : Income Tax Appellate Tribunal, Condonation of Delay


Supreme Court: Routine Explanation not Sufficient for Condonation of Delay(24.12.2019)

Supreme Court has noted that in condonation of delay, routine explanation is not sufficient, but a reasonable and acceptable explanation is very much .....

Tags : Supreme Court, Condonation of Delay


ITAT, Pune: Income Tax Act, 1961 Has No Provisions to Condone Delay in Filing Misc. Applications(25.03.2020)

Income Tax Appellate Tribunal (ITAT), Pune, while dismissing a bunch of miscellaneous applications, has held that the Income Tax Act, 1961 does not ha.....

Tags : Income Tax Appellate Tribunal, Condonation of Delay in Filing Miscellaneous Applications.


ITAT: Mistake Committed by Advocate is Reasonable Cause for Condonation of Delay(10.05.2019)

Income Tax Appellate Tribunal (ITAT) has held that the mistake committed by Advocate is a reasonable cause for condonation of delay in filing appeals.

Tags : Income Tax Appellate Tribunal, condonation of delay


Long Delay in Registration of FIR can be Condoned if There is No Motive for False Implication: SC(28.11.2018)

Supreme Court has observed that even a long delay in registration of First Information Report (FIR) can be condoned if the witness has no motive for f.....

Tags : Supreme Court, Registration of FIR, Condonation of Delay


Delay in Getting Signature of MD of Company, Sufficient Cause for Condonation of Delay: ITAT(26.11.2018)

Income Tax Appellate Tribunal ( ITAT ), Hyderabad, while condoning a delay of 92 days in filing Cross Objection filed by a Company, held that there wa.....

Tags : ITAT, Signature of MD, Condonation of Delay


Govt. Extends Condonation of Delay Scheme, 2018 Upto 30th April(31.03.2018)

Ministry of Corporate Affairs has extended the Condonation of Delay Scheme (CODS) 2018 upto 30th April, 2018. The MCA has introduced this scheme givin.....

Tags : Ministry of Corporate Affairs, Condonation of Delay Scheme


Bombay HC Denies to Condone Delay of Eight Years(24.08.2016)

Bombay HC, while rejecting petition filed by husband, seeking condonation of delay of 8 years in challenging a maintenance order passed by Bandra fami.....

Tags : Bombay HC , condonation of delay


International Cases

Unexplained delay in filing application cannot be condoned(01.07.2021)

The pertinent issue in present appeal is whether condonation ought to have been granted to the Respondent, for its failure to serve on the Appellant, .....

Tags : Condonation, Grant, Legality