Tags : Act, Operation, Delay
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SC: Court Must Take Liberal and Justice Oriented Approach Regarding Delay in Appeals Filed by State(10.10.2023)
Supreme Court has observed that if the appeals filed by the State are lost for individual default, those who are at fault, will not usually be individ.....
Tags : Supreme Court, Appeal, State, Delay
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SC: Mere Delay in Forwarding FIR to Magistrate is Not a Ground to Acquit Accused(27.05.2020)
Supreme Court has stated that the delay in sending the First Information Report to the Magistrate in compliance of Section 157 of the Code of Criminal.....
Tags : Supreme Court, Delay in Forwarding FIR to Magistrate
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Cal. HC Grants Bail to UAPA Accused in Custody Since Three Years(13.01.2023)
Calcutta High Court while granting bail to an accused in a case registered under Unlawful Activities (Prevention) Act (UAPA), has observed that there .....
Tags : Calcutta High Court, UAPA, Bail, Delay
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Relaxation in procedure for submission of installation certificate under EPCG Scheme to promote Ease of doing Business(13.07.2023)
In exercise of powers conferred under Paragraphs 1.03 and 2.04 of the Foreign Trade Policy, 2023, as amended from time to time, the Director General o.....
Tags : Condonation, Delay, Installation certificate
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SC: Mere Offer of Refund Does Not Disentitle Flat Buyers from Claiming Compensation(22.12.2020)
Supreme Court has observed that the flat purchasers are not disentitled from claiming compensation merely because the developer offered an exit option.....
Tags : Supreme Court, Compensation for Delayed Possession
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Del. HC: Objections in Contested Testamentary Petition Shouldn’t be Rejected on Technical Ground(07.12.2023)
Delhi High Court has held that while dealing with a testamentary petition, the endeavor of the Court should be not to reject the objections on technic.....
Tags : Delhi High Court, Testamentary Petition, Inordinate Delay
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Delay caused in an act required to be done by Government authority cannot be adopted as ground for penalizing innocent Appellant(21.04.2017)
In instant case, Appellant was a 100% EOU engaged in manufacture and export of cotton yarn. Appellant sought permission to opt out of EOU scheme. Deve.....
Tags : Certificate, Grant, Delay
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Sikkim HC: Accused Unable to Engage Counsel Within Requisite Time, Delay of 388 Days Condoned(28.06.2024)
Sik. HC while condoning delay of 388 days in a matter where accused failed to engage a counsel within time, has observed that delays in preferring app.....
Tags : Sikkim High Court, Condonation of Delay, Gross Negligence, Deliberate Inaction
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SC: Flat Buyers Entitled to Compensation for Gross Delay by Builders in Handing Over Possession(25.08.2020)
Supreme Court has observed that failure of the developer to comply with the contractual obligation to provide the flat to a flat purchaser within a co.....
Tags : Supreme Court, Compensation for Gross Delay
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SC: Resignation Once Accepted Can't Be Withdrawn Citing Mere Delay in Relieving Employee(28.09.2021)
Supreme Court has observed that mere delay in relieving an employee from his duties does not impact the acceptance of his resignation. The Court rejec.....
Tags : Supreme Court, Delay in Relieving Employee
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SC: If Delay in Filing FIR is not Properly Explained, It Could be Fatal to the Prosecution(14.12.2023)
Supreme Court has held that if the delay in filing FIR is not satisfactorily explained and it appears that cause for delay had been necessitated to fr.....
Tags : Supreme Court, Delay, FIR
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Supreme Court: Union’s Plea to Condone Delay of Twelve Years Refused(05.04.2024)
SC stated that once it is held that a party has lost its right to have the matter considered on merits because of its own inaction for a long period, .....
Tags : Supreme Court, Delay, Union
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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
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Gau. HC: If Delay in Filing Matri. Appeal Not Satisfactorily Expl., Bar Against Remarriage Not Applic(14.06.2024)
Gauhati High Court while dismissing an application seeking condonation of delay in preferring a matrimonial appeal that challenged an ex-parte divorce.....
Tags : Gauhati High Court, Condonation of Delay, Matrimonial Appeal
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Kerala HC: Courts Shall Consider Relevant Aspects Like Conduct, Bonafide etc While Condoning Delay(06.05.2022)
Kerala High Court has recognized that while taking a decision on an application for condonation of delay, the court should not simply consider the rea.....
Tags : Kerala High Court, condonation of delay
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Petition against admission procedure? Sooner better than later(03.06.2016)
Under its then existing reservation policy, the University accepted persons with a caste certificate from outside Delhi to also be considered OBC cand.....
Tags : admission, reservation, delay, obc
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Telangana HC: Delay of 435 Days in Filing Appeal is Too Long to Exercise Discretion(27.06.2022)
Telangana High Court while dismissing an appeal filed after a long delay of 435 days, has held that having regards to the object of the Arbitration an.....
Tags : Telangana High Court, Arbitration and Conciliation Act, Delay
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Complainant is entitled to delay period interest under Section 18 of the Real Estate (Regulation and Development) Act, 2016(17.07.2023)
Present complaint is filed under Section 18 of the Real Estate (Regulation and Development) Act, 2016 before this Authority against the project SHRIRA.....
Tags : Interest, Delay, Entitlement
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JH HC: Delay in Filing FIR in Rape Cases Not Fatal, if Proper Explanation Given(09.10.2023)
Jharkhand High Court has held that in case of a rape wherein dignity and prestige of family is at stake, the time is also taken in deciding whether to.....
Tags : Jharkhand High Court, Rape Cases, Delay, FIR
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Delhi HC Questions Delay in Investigating Incident of Forcing Man to Sing National Anthem(12.01.2022)
Delhi High Court has questioned the delay in investigating an incident where a man, 23 year old Faizan, was forced to sing the national anthem during .....
Tags : Delhi High Court, Delay in Investigating Incident
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Insured is required to intimate loss or damage to insurer expeditiously and within a reasonable time(25.10.2016)
As complaint was dismissed by Commission, review petitioner/complainant preferred an appeal before Supreme Court. In terms of liberty granted by Supre.....
Tags : Loss or damage, Claim, Delay
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SC: Delay in Filing CIRP Application Can be Condoned on Giving Sufficient Reasons(05.01.2023)
Supreme Court while observing that Limitation Act, 1963 is applicable to applications filed under Sections 7 and 9 of IBC, has held that delay in init.....
Tags : Supreme Court, CIRP, Delay, Condone
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AP HC: Can’t Stay Time Barred Appeal Under MV Act Without Deciding Appln for Condonation of Delay(10.07.2023)
Andhra Pradesh High Court has held that in a time barred appeal under Section 173 of Motor Vehicles Act, so long as the matter for condonation of dela.....
Tags : Andhra Pradesh High Court, Condonation of Delay, Motor Vehicle
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Allahabad HC Stays Criminal Proceedings on Ground of Inordinate Delay Caused by State(14.01.2025)
Allahabad High Court has stayed criminal proceeding in a thirty four year old case after taking into account that inordinate delay was caused by the S.....
Tags : Allahabad High Court, Criminal Proceeding, Inordinate Delay
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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
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Ker. HC: Legal Advice After Expiry of Limitation Period Not a Ground to Condone Delay(05.10.2023)
Kerala High Court has held that subsequent legal advice cannot be accepted as a cause to condone the delay in instituting proceedings in terms of Sect.....
Tags : Kerala High Court, Limitation Period, Condone Delay
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Delhi HC: Frivolous Litigations Can be Put to End At Any Stage(28.10.2022)
Delhi High Court while observing that judiciary is grappling with huge pendency due to frivolous litigations has held that an attempt must be made by .....
Tags : Delhi High Court, Frivolous Litigations, delay
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ITAT, Ahmedabad Imposes Penalty on Assessee for Delay in Filing Appeal and Non-Appearance(18.02.2020)
Income Tax Appellate Tribunal (ITAT), Ahmedabad has imposed a penalty of Rs. 5000 on an Assessee on the grounds of a delay of 358 days in filing an ap.....
Tags : Income Tax Appellate Tribunal, Penalty on Assessee for Delay in Filing Appeal
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Supreme Court Sets Aside HC Order Condoning Delay of 1011 Days in Filing Second Appeal(21.12.2021)
Supreme Court has set aside a High Court's order condoning a huge delay of 1011 days in preferring a second appeal in a case where no sufficient or sa.....
Tags : Supreme Court, Delay of 1011 Days in Filing Second Appeal
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Calcutta HC Suggests Changes in CBI Circular to Curb 'Inordinate Delay'(10.06.2022)
Calcutta High Court has suggested CBI to issue circular empowering the Additional Solicitor General and the Public Prosecutor to give opinion to the D.....
Tags : Calcutta High Court, CBI, Delay
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Del. HC: Can Condone Delay in Issuing Requisition u/s 132A of IT Act Due to Dept’s. Investigation(13.01.2025)
Delhi High Court has held that court can condone delay in issuing requisition under Section 132A of the Income Tax Act, 1961 if the delay has occurred.....
Tags : Delhi High Court, Condone Delay, Income Tax Department
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Appellate Tribunal has the jurisdiction to extend the period of 15 days, if it is satisfied that there is a sufficient cause for not filing the appeal within the prescribed time(28.03.2023)
Present appeal is filed by an ex-director of the Corporate Debtor against the order passed by the Adjudicating Authority (National Company Law Tribuna.....
Tags : Delay, Condonation, Grant
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Unless there is fraud of beneficiary or irretrievable harm or injury, Courts are not to interfere with encashment of Bank Guarantees(02.09.2016)
Appellant No. 1 a Joint Venture Company formed for specific purpose of constituting, commissioning and operating Kochi-Coimbatore-Erode-Salem LPG Pipe.....
Tags : Bank guarantee, Encashment, Delay, Financial Closure
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Cancelling allotment for non-payment of installments towards delayed construction constitutes unfair trade practice(03.08.2015)
In a case where the Complainant stopped depositing installments towards a flat for failure to complete construction within the stipulated time, the Tr.....
Tags : Delayed construction, installment, cancellation
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SC: PMLA Accused to File Undertaking if Bail Granted on Ground of Delay in Trial(29.11.2024)
Supreme Court has stated that whenever it will pass the order of granting bail in money laundering cases on the ground that trial will take time it wi.....
Tags : Supreme Court, Delay in Trial, PMLA Accused
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CBDT empowers Chief Commissioners and Directors General of income tax to condone delay in ITR-filing by Co-Operative Societies(26.07.2023)
In order to mitigate genuine hardship, Central Board of Direct Taxes directs that the Chief Commissionersof Income tax (CCIT) / Directors General of i.....
Tags : Delay, Condonation, Authority
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FIR Delay May be Condoned if Complainant Appears to be Reliable and Without Motive: SC(02.04.2019)
Supreme Court has reiterated that the delay in lodging FIR can be condoned if the complainant appears to be reliable and without any motive for implic.....
Tags : Supreme Court, Delay in Filing FIR
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Insurer is liable to pay interest in case of delay beyond the timeline prescribed in Regulation(04.04.2019)
Present Petition under Article 226 of the Constitution of India, seeks a writ of mandamus to Respondent No. 1- Life Insurance Corporation of India (LI.....
Tags : LIC Policy, Payment, Delay, Interest
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SC: ‘Cause of Delay’ to be Considered While Examining Application for Condonation of Delay(07.08.2024)
SC has held that while examining the plea for condonation of delay, it is the cause for delay which has been propounded, will have to be examined. If .....
Tags : Supreme Court, Condonation of Delay, Cause of Delay
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University cannot cancel admission for its failure to reevaluate answer sheets(01.03.2016)
Having failed to release revaluation results of answer sheets, a university cannot then direct cancellation of the admission of students for failure t.....
Tags : University, admission, reevaluation, delay
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All. HC: Commercial Tax Tribunal’s Order Upheld, Court Condones 1365 Days Delay on Sufficient Cause(29.01.2024)
Allahabad High Court while upholding the condonation of delay of 1365 days by the Commercial Tax Tribunal in filing of appeal has held that it is the .....
Tags : Allahabad High Court, Commercial Tax Tribunal, Condonation of Delay
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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.
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Karnataka High Court Condones Delay Of 6 Years In Filing Revised ITR(08.03.2022)
Karnataka High Court while condoning the delay of 6 years in filing revised ITR has observed that AO can't take advantage of Assessee's ignorance to c.....
Tags : Karnataka High Court , Condonation of Delay
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High Court dispenses with delayed FIR and lack of corroborating evidence in accepting statement of prosecutrix(19.08.2015)
In a case where the underage Prosecutrix was kidnapped by the Appellants and subjected to rape by several persons, the High Court upheld the convictio.....
Tags : Criminal, rape, prostitution, delay, fir
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SC: Section 437(6) Application to be Treated Liberally When No Prejudice to Prosecution Shown(19.02.2025)
SC has observed that where there is absence of positive factors going against accused showing possibility of prejudice to prosecution or accused being.....
Tags : Supreme Court, Section 437(6), Delay in Trial
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Delhi HC: Delay in Filing Appeal Under POSH Act Can be Condoned U/S 5 of Limitation Act(26.07.2022)
Delhi High Court has held that under Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (POSH Act), victim's de.....
Tags : Delhi High Court, POSH, Delay
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Petition against admission procedure? Sooner better than later(03.06.2016)
Under its then existing reservation policy, the University accepted persons with a caste certificate from outside Delhi to also be considered OBC cand.....
Tags : admission, reservation, delay, obc
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ITAT Condones Delay of 931 Days in Filing Appeal(28.06.2022)
Income Tax Appellate Tribunal (ITAT), Pune Bench while condoning delay of 931 days in filing appeal by the assessee, has held that the delay was due t.....
Tags : ITAT, Delay, Appeal
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When there is a conflict between law and equity, it is the law which has to prevail(28.12.2017)
Instant appeal is filed by the Appellants-original Respondents against an oral order passed by the learned Single Judge in Special Civil Application, .....
Tags : Decree, Execution, Delay
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Madras HC: Delay in Establishing NCLAT Bench May Amount to Contempt of SC’s Direction(15.12.2020)
Madras High Court has observed that the delay in establishing a Bench of National Company Law Appellate Tribunal in Chennai may amount to contempt of .....
Tags : Madras High Court, Delay in Establishing NCLAT Bench
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Principles of Condonation of Delay Explained by Supreme Court(10.04.2024)
SC has laid down certain principles of condonation of delay which include that merits of the case are not required to be considered in condoning the d.....
Tags : Supreme Court, Condonation of Delay, Principles
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Delhi HC: No Litigant Can Assume as Matter of Right Court’s Power to Condone Delay(16.08.2021)
Delhi High Court has observed that no litigant can assume, as a matter of right, the Court's power to condone delay and that the rights accruing to op.....
Tags : Delhi High Court, Court’s Power to Condone Delay
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Raj HC: Very Thin Line B/W Disposal Without Delay and Over-Zealousness in Dispensation of Justice(02.05.2023)
Rajasthan High Court while setting aside POCSO case on ground that undue haste was shown by trail judge, has held that it is very easy to crossover th.....
Tags : Rajasthan High Court, POCSO, Delay, Justice
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Delhi HC: Written Statement Filed After 30 days of Service of Summons to State Reasons for Delay(18.08.2021)
Delhi High Court has passed an order holding that a written statement filed after 30 days of service of summons but before the expiry of further 90 da.....
Tags : Delhi High Court, Reasons for Delay
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ITAT: No Disallowance of PF/ESI Contributions on Account of Delay in Deposit(20.05.2022)
Income Tax Appellate Tribunal ( ITAT ), Delhi Bench has held that no disallowance of provident fund and Employees State Insurance contributions on acc.....
Tags : Income Tax Appellate Tribunal, Disallowance, Provident Fund, Delay in Deposit
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ITAT: Illness of MD of Company Not Sufficient Cause for Condoning Delay(04.08.2022)
Income Tax Appellate Tribunal (ITAT), Allahabad Bench has held that illness of Managing Director of company not sufficient cause for condoning delay o.....
Tags : ITAT, Condoning Delay, Managing Director
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Supreme Court: Illegal for a Stranger to File Condonation of Delay Application(10.05.2024)
SC held that entertaining an application filed at behest of a stranger for condonation of delay in filing an application for restoration of subject su.....
Tags : Supreme Court, Condonation of Delay, Stranger
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Madras HC Directs to Establish Portal to Track Delay in Considering Representation of Detenues(07.07.2021)
Madras High Court has directed the State of Tamil Nadu to establish a dedicated web portal and use technologies such as e-mail, fax or WhatsApp to tra.....
Tags : Madras High Court, Delay in Considering Representation of Detenues
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Orissa HC Orders Compassionate Appointment After 7 Years Delay(01.06.2022)
Orissa High Court while ordering compassionate appointment, after a delay of 7 years , has held that it is highly improper to keep such cases pending .....
Tags : Orissa High Court, Compassionate Appointment, Delay
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SC: Prima Facie Delay in Compliance of S. 52A of NDPS Act No Ground to Release Accused On Bail(23.12.2024)
SC has stated that any prima facie delay or lapse in compliance of Section 52A of NDPS Act by itself would not be a ground to release the accused on b.....
Tags : Supreme Court, Prima Facie Delay, Lapse in Compliance
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P&H HC: Courts Must Be Cautious While Exercising Discretion to Condone Delay in Filing WS(23.05.2022)
Punjab and Haryana High Court has held that the provisions of Order 8 Rule 1 of the CPC are directory in nature, however, the Courts must exercise the.....
Tags : Punjab and Haryana High Court, CPC, Written Statement, Condone Delay
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Tripura HC: Court Must Hear Accused Before Condoning Delay in Filing Complaint U/S 138 of NI Act(08.06.2022)
Tripura High Court has held that a court is required to issue notice to the accused and hear him before condoning the delay in filing a complaint unde.....
Tags : Tripura High Court, Negotiable Instrument, Condoning Delay
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SC: No Need to File Separate App. for Condonation of Delay Along with App. for Setting Aside Decree(24.12.2024)
Supreme Court has held that it is not necessary to file a separate application for condonation of delay alongwith with an application to set aside an .....
Tags : Supreme Court, Condonation of Delay, Ex-Parte Decree
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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
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Madras HC: Delay in Producing Accused Before Court Would Violate Liberty Under Art. 21(11.01.2021)
Madras High Court has observed that the delay in producing the accused person before the Court after a formal arrest through a Prisoner on Transit war.....
Tags : Madras High Court, Delay in Producing Accused
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Unless otherwise agreed by parties, Arbitral Tribunal can award interest at reasonable rate for a period commencing from the date when the cause of action arises till the date of the award(22.04.2021)
The Appellants were awarded a contract by the State of Kerala for upgradation of a State Highway for two stretches, from Muvattupuzha-Thodupuzha and M.....
Tags : Interest, Delayed payment, Entitlement
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SC: Delay In Filing The Complaint Can Be Condoned If Sufficient Cause Is Shown In The Complaint(15.05.2019)
Supreme Court has observed that cognizance of a complaint filed under Section 138 of the Negotiable Instrument Act can be taken by the Court even afte.....
Tags : SC, Delay
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Bom. HC: Reasons for Delay Could Not Constitute Information as Defined Under RTI Act(18.10.2024)
Bom. HC has observed that under section 2(f) of RTI Act, 2005 "information" means any material in any form, including records, documents, memos, e-mai.....
Tags : Bombay High Court, RTI Act, Delayed Decision
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J&K&L HC: Parties Cannot Approach Court Under Section 482 CrPC With Inordinate Delay(06.07.2022)
Jammu and Kashmir and Ladakh High Court has held that a party cannot approach the High Court under Section 482 of the Code of Criminal Procedure (CrPC.....
Tags : Jammu and Kashmir and Ladakh High Court, Limitation, Inordinate Delay
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Kerala High Court: Delay No Sole Ground to Quash Disciplinary Proceedings(31.05.2019)
Kerala High Court has refused to quash the disciplinary proceedings initiated against an Income Tax officer for allegedly leaking the identity of an i.....
Tags : Kerala High Court, Delay
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SC: Being Short of Funds to Pay Court Fee Not Sufficient Reason to Condone Delay to File Appeal(01.02.2023)
Supreme Court has held that being short of sufficient funds to pay court fee is not a reason to condone delay in filing appeal, and observed that appe.....
Tags : Supreme Court, Court Fee, Condone Delay, Appeal
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Delay in formal confirmation does not result in crucial evidence being disregarded(19.08.2015)
Where the trial court had excluded casette tapes of voice recordings of kidnappers for not having been authorised by the appropriate authority, the Hi.....
Tags : Criminal, phone tap, authorisation, delay
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How long can builders keep paying compensation(11.05.2016)
The National Consumer Disputes Redressal Commission passed yet another order against a property developer for its prolonged failure to deliver possess.....
Tags : property developer, possession, delay, compensation
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SC: Preventive Detention Will Be Vitiated by Unexplained Delay in Passing Order(03.10.2022)
Supreme Court has held that unreasonable and unexplained delay in passing the order of detention from the date of the proposal can vitiate the detenti.....
Tags : Supreme Court, Preventive Detention, Delay
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SC: Unexplained Inordinate Delay Can be a Crucial Factor for Quashing Criminal Complaint(19.12.2022)
Supreme Court while observing that law is meant to exist as a shield to protect the innocent, rather than it being used as a sword to threaten them, h.....
Tags : Supreme Court, Inordinate Delay, Criminal Complaint, Quashing
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Allahabad HC Imposes Cost on State for Delaying Payment of Post-Death Dues of Employee(24.01.2020)
Allahabad High Court has imposed costs on State authorities for delaying the payment of post-death dues of an employee, for over 24 years.
Tags : Allahabad High Court, Cost on State for Delaying Payment of Post- Death Dues
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Fresh period of limitation shall be computed from the time when the acknowledgment is signed(12.09.2023)
Present appeal under Section 62 of the Insolvency and Bankruptcy Code, 2016, has been filed assailing the correctness of judgment and order of Nationa.....
Tags : Application, Admission, Delay
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Supreme Court: Delay in Notifying Insurer About Car Theft, No Grounds to Deny Claim(27.01.2020)
Supreme Court has said that mere delay in intimating the Insurance Company about the theft of a vehicle should not be a ground to deny insurance claim.....
Tags : Supreme Court, Insurance Claim on Car Theft, Delay in Notifying Insurer
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Delhi HC: Delayed Procedures for Settling Claims doesn’t Tantamount to Criminal Offence(21.04.2025)
Delhi High Court has observed that insurance company’s delayed procedures for settling claims may be a ground for seeking compensation for mental hara.....
Tags : Delhi High Court, Delayed Procedures, to Criminal Offence
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Kerala HC Refuses Relief to Electricity Board Employees for Delay in Arranging Connection(17.03.2021)
Kerala High Court has refused to give relief to two Kerala State Electricity Board employees who were found to have delayed on arranging an electricit.....
Tags : Kerala High Court, Delay in Arranging Electricity Connection
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Calcutta HC Takes Suo Moto Cognizance of Delayed Investigation in Criminal Cases(10.06.2021)
Calcutta High Court has taken suo moto cognizance regarding Delayed Investigation in Criminal Cases. The Court has noted that as per the information r.....
Tags : Calcutta High Court, Delayed Investigation in Criminal Cases
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SC: Debts Recovery Tribunal Has No Power to Condone Delay in Filing Review Application(27.01.2020)
Supreme Court has held that the Debts Recovery Tribunal has no power to condone the delay in filing application for review under the Recovery of Debts.....
Tags : Supreme Court, Debt Recovery Tribunal's Power to Condone Delay, Review Application
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NCLAT: In Absence of Contractual Clause Interest for Delayed Payments Can’t Form Part of OD(12.05.2025)
NCLAT New Delhi bench has held that interest on the unilateral invoices for the delayed payment cannot form part of the operational debt in absence of.....
Tags : NCLAT New Delhi, Contractual Clause, Delayed Payments
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Gau HC: Can’t Condone Delay in Filing Petition U/S 34 A&C Act Beyond 120 Days(17.04.2023)
Gauhati High Court has held that Court cannot condone delay in the filing of the petition under Section 34 of the Arbitration & Conciliation Act beyon.....
Tags : Gauhati High Court, Period of Limitation, Condone Delay, Arbitration
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Kerala HC: Delay in Filing Application Only Fatal if Allows for an Unfair Benefit(07.02.2022)
Kerala High Court has ruled that a delay in filing an application only becomes fatal if by allowing such application, the applicant obtains an unfair .....
Tags : Kerala High Court, Delay in Filing Application
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Delhi High Court: Unexplained Delay in Initiating Inquiry Vitiates Disciplinary Proceedings(14.08.2019)
Delhi High Court has granted relief to a government servant who was held liable for misconduct through disciplinary proceedings that took place 15 yea.....
Tags : Delhi High Court, Delay
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SC: Courts Must Adopt Liberal Approach in Condoning Delay if Case's Merits Require Examination(25.03.2025)
SC has observed that there can be no quarrel on the settled principle of law that delay cannot be condoned without sufficient cause, but a major aspec.....
Tags : Supreme Court, Liberal Approach, Condoning Delay
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Ker. HC: Can’t Burden Tenant to Pay Substantial Arrears Due to Delay in Proceedings(25.03.2025)
Kerala High Court has observed that a tenant who has been ordered to pay enhanced fair rent to the landlord cannot be burdened with substantial amount.....
Tags : Kerala High Court, Substantial Arrears, Delay in Proceedings
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NCLAT: Court Must Adopt Lenient Approach While Condoning Delay in Refiling(09.04.2025)
NCLAT New Delhi bench has held that the court must adopt a lenient approach while condoning the delay in refiling an appeal. However, sufficient cause.....
Tags : NCLAT New Delhi, Lenient Approach, Condoning Delay
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Calcutta HC: Application U/s 156(3) Cr.PC Cannot Be Dismissed Merely On the Ground Of Delay(04.10.2021)
Calcutta High Court has observed that a magistrate cannot dismiss an application filed under Section 156(3) of Criminal Procedure Code (Cr.PC) merely .....
Tags : Calcutta High Court, Delay
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Recovery of interest on delayed period even though claimed after taking possession is maintainable(14.03.2019)
In facts of present case, Appellant-allottee has challenged the final order passed by Learned Member and Adjudicating Officer of MahaRERA Authority in.....
Tags : Delayed possession, Interest, Entitlement
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Air India to Pay Rs 2 lakh to Couple for Delay in Flight: NCDRC(12.04.2019)
National Consumer Disputes Redressal Commission (NCDRC) has directed airlines to pay amount, along with interest, to West Bengal-resident for not ac.....
Tags : NCDRC, Delay in Flight
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Authority has complete jurisdiction to decide complaint in regard to non-compliance of obligations by the promoter(05.02.2019)
A complaint was filed under Section 31 of the Real Estate (Regulation and Development) Act, 2016 read with rule 28 of the Haryana Real Estate (Regulat.....
Tags : Delayed possession, Refund, Entitlement
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Air India to Pay Rs. 2 Lakh to Couple for Delay in Flight: NCDRC(12.04.2019)
National Consumer Disputes Redressal Commission (NCDRC) has directed airlines to pay Rs. 2 lakh, along with interest, to West Bengal-resident for not .....
Tags : NCDRC, Delay in Flight
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Del. HC: Arbitral Award Passed After Inordinate/Unexplained Delay is Contrary to Justice(22.05.2023)
Delhi High Court has held that an arbitral award passed after an inordinate, substantial and unexplained delay is contrary to justice and in conflict .....
Tags : Delhi High Court, Arbitral Award, Unexplained Delay, Justice
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SC: Court Must Consider Bail of Accused if Trial is Delayed for No Fault to Accused(31.10.2023)
Supreme Court while listing out factors to be considered for grant of bail, has observed that when the trial is not proceeding for reasons not attribu.....
Tags : Supreme Court, Bail, Trail, Delay
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The period of delay is to be counted from the knowledge of the deficiency(14.09.2017)
Instant first appeal has been filed by the Appellant against the order passed by the State Commission. Appellant/complainant had purchased the first f.....
Tags : Complaint, Delay, Maintainability
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Bombay High Court: Police Department Responsible for Delayed Trials(27.02.2017)
Bombay High Court has observed that trials were being delayed because of police department, who do not produce accused persons before Court, hampering.....
Tags : Bombay High Court, Delayed Trials
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Consumer Forum Compensates 3 Commuters for Delay of Train(09.04.2021)
District Consumer Disputes Redressal Forum, Thrissur has allowed three railway commuters compensation after their train from Wadakkanchery to Payyanur.....
Tags : District Consumer Disputes Redressal Forum, Delay of Train
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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
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CESTAT, Delhi: No Service Tax Applicable on Additional Interest Recovered from Customers(14.12.2020)
Customs, Excise, Service Tax Appellate Tribunal (CESTAT), Delhi has held that service tax is not applicable on additional interest recovered from cust.....
Tags : Customs, Excise, Service Tax Appellate Tribunal, Additional Interest Against Delayed Payment
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Patna HC Seeks Verfied Data on Reason of Delay and Pendency of Cases(13.02.2023)
Patna High Court while observing that data regarding delay in cases presented by petitioner is alarming, has directed Member Secretary, BSLSA to seek .....
Tags : Patna High Court, Delay, Data
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Kerala HC Issues Contempt Notice Over Delay in Appointment of KAT Chairman(10.08.2021)
Kerala High Court has issued contempt notice to the Secretaries of the Central Government for its failure to appoint a Chairman for the Kerala Adminis.....
Tags : Kerala High Court, Delay in Appointment of KAT Chairman
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SC Calls Upon Allahabad HC Registrar General to Explain Inordinate Delay in Uploading Judgment(03.11.2020)
Supreme Court has called upon the Registrar General of Allahabad High Court to explain the reason for inordinate delay in uploading a judgment on the .....
Tags : Supreme Court, Delay in Uploading Judgment
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SC: Long Delay in FIR Can be Valid Consideration for Grant of Anticipatory Bail(04.12.2020)
Supreme Court has observed that a long delay in lodging First Information Report can be a valid consideration for grant of anticipatory bail.
Tags : Supreme Court, Grant of Anticipatory Bail, Delay in FIR.
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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
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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
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Calcutta HC: Delay in Lodging FIR in Rape Cases Not to Vitiate Prosecution Case(03.02.2022)
Calcutta High Court has observed that there is existing social stigma associated with the offence of rape and accordingly held that a delay in lodging.....
Tags : Calcutta High Court, Delay in Lodging FIR in Rape Cases
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SC: Decide Mercy Petitions at Earliest to Disallow Convicts in Taking Advantage of Delay(17.04.2023)
Supreme Court has directed all State Governments to ensure that mercy petitions in death penalty cases are decided and disposed of at the earliest so .....
Tags : Supreme Court, Mercy Petitions, Benefit, Disadvantage, Inordinate Delay
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NCDRC: For Flat Delay You Can Seek Higher Damage than Offered in Contract(15.10.2018)
National Consumer Disputes Redressal Commission has observed that buyer has the option to seek higher compensation than what is stipulated in the con.....
Tags : NCDRC, Flat delay
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SC: Mere Delay in Intimating Insurance Company of Occurrence of Theft Not Grounds to Deny Claim(20.09.2021)
Supreme Court has observed that mere delay in intimating the insurance company about the occurrence of the theft cannot be a ground to deny the insura.....
Tags : Supreme Court, Delay in Intimating Insurance Company
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ITAT, Mumbai: Interest on Delay in Payment of Advancements Charged Only on Returned Income(27.01.2022)
Income Tax Appellate Tribunal (ITAT), Mumbai has held that the interest on delay in payment of advancements shall be charged only on the returned inco.....
Tags : Income Tax Appellate Tribunal, Interest on Delay in Payment of Advancements
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CESTAT, Delhi: Delay in Filing Appeal Due to Drafting and Calculation Error can be Condoned(29.03.2022)
Customs, Excise, and Service Tax Appellate Tribunal, Delhi, has stated that the delay of two days in filing due to delay in drafting the appeal and ca.....
Tags : Customs, Excise, and Service Tax Appellate Tribunal, Delay, Condoned, Calculation Error
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Delay itself constitutes a breach of claimant’s Convention rights and gives rise to a right to bring proceedings under Human Rights Act(06.03.2019)
The central issue in present appeal is whether the Court of Appeal in Northern Ireland was entitled to order that, a claim for damages under Section 8.....
Tags : Investigation, Delay, Damages, Entitlement
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Bombay HC: Delay in Filing Appeal under NIA Act can be Condoned(15.09.2023)
Bombay High Court has held that Appellate Courts have the power to condone delay beyond the 90 days period, despite language of the 2nd proviso to Sec.....
Tags : Bombay High Court, NIA Act, Delay, Condone
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Court rejects spouse’s conditional cooperation in matrimonial dispute(05.05.2016)
Parties to a matrimonial case cannot stall the legal system by refusing to participate in the proceeding on the precondition that another proceeding b.....
Tags : matrimonial dispute, parallel proceedings, delay
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SC: Delay Should Not be Condoned Merely as an Act of Generosity(15.05.2025)
Supreme Court has observed that while considering the plea for condonation of delay, the first and foremost duty of the court is to first ascertain th.....
Tags : Supreme Court, Condonation of Delay, Generosity
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Del HC Rejects Plea to Condone Delay in Filing Appeal Against Acquittal in 1984 Anti-Sikh Riots Case(16.08.2023)
Delhi High Court has rejected plea condone the delay in filing of an appeal by prosecution against the acquittal of various accused in 1984 Anti-Sikh .....
Tags : Delhi High Court, Condone Delay, Anti-Sikh Riots Case
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Kerala HC: Rent Control Court Has Power to Condone Delay Under Section 5 of Limitation Act(07.12.2020)
Kerala High Court has held that a Rent Control Court has the power to condone delay under Section 5 of the Limitation Act, 1963.
Tags : Kerala High Court, Power to Condone Delay
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SC: Writ Petitions Should be Dismissed by HCs if Petitioner Guilty of Delay or Laches(22.04.2024)
SC has held that High Court in its power under Article 226 of the Constitution of India may refuse to invoke its extraordinary powers if laxity on par.....
Tags : Supreme Court, A. 226 of COI, Delay
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If appeal is presented by Assessee beyond extended statutory limitation period, delay cannot be condoned without sufficient cause(06.05.2020)
The Respondent is a registered dealer on the rolls of Assistant Commissioner of Commercial Taxes, Large Tax Payer Unit at Kakinada under the provision.....
Tags : Delay, Condonaton, Legality
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Ker HC: Unreasonable Delay by Detaining Authority in Seeking Additional Particulars Infringes FR(06.07.2023)
Kerala High Court has held that unreasonable delay on the part of the detaining authority in seeking additional particulars from the sponsoring author.....
Tags : Kerala High Court, Unreasonable Delay, Preventive Detention
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Karnataka HC: Any Unreasoned Delay to Consider Appointment Would Make Authority Personally Liable(20.07.2021)
Karnataka High Court has held that any unreasoned or unjustifiable delay on the part of the Authority to consider an application for appointment on co.....
Tags : Karnataka High Court, Any Unreasoned Delay to Consider Appointment
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SC: Inordinate Delay in Conclusion of Trial Infringe Right of Accused Under Article 21(11.09.2024)
SC has observed that an accused has a right to a fair trial and while a hurried trial is frowned upon as it may not give sufficient time to prepare fo.....
Tags : Supreme Court, Inordinate Delay, Fair Trial, Article 21
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Inordinate Delay in Execution of Death Sentence has a Dehumanising Effect on Accused(10.12.2024)
SC has held that an inordinate delay in the execution of the sentence of death has a dehumanising effect on the accused and an inordinate and unexplai.....
Tags : Supreme Court, Death Sentence, Inordinate Delay
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Ker. HC: Affidavit Explaining Delay Sufficient When Victim Appeals Against Acquittal(23.03.2023)
Kerala High Court has held that a delay condonation petition is not required to be filed by a victim who prefers an appeal against acquittal even afte.....
Tags : Kerala High Court, Appeal, Acquittal, Condonation, Delay
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SC: Considerable Unexplained Delay by Drug Authorities Can Render Proceedings Void(11.08.2020)
Supreme Court has observed that considerable unexplained delay on the part of Drug authorities to test a sample can render any penalty under Drugs and.....
Tags : Supreme Court, Unexplained Delay by Drug Authorities
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Kerala HC Seeks Response on Delay in Reconstruction of Nooradi Bridge(29.07.2021)
Kerala High Court has directed the Secretaries of the Public Works Department (PWD) and the Local Self-Government Department (LSGD) to appear in perso.....
Tags : Kerala High Court, Delay in Reconstruction of Nooradi Bridge
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Del HC: While Determining Plea for Condonation of Delay, Plausible Reasons to be Considered Over Days(19.12.2024)
Del HC while hearing a plea for condonation of delay alongwith an appeal u/s 37(1)(c) of A&C Act, 1996, has observed that for considering the applicat.....
Tags : Delhi High Court, Condonation of Delay, Plausible Reasons
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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
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Ker. HC: S.5 of Limitation Act Not Applicable to Condone Delay in Filing Plea u/s 34 of A&C Act(22.12.2023)
Kerala High Court has held that Section 5 of the Limitation Act has no application to condone delay in filing a petition for setting aside an arbitral.....
Tags : Kerala High Court, Limitation Act, Condone, Delay, Arbitration
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SC: Any Delay in Payment of EPF Contribution is Sine Qua Non from Imposition of Levy of Damages(24.02.2022)
Supreme Court has observed that any default or delay in the payment of EPF contribution by the employer is a sine qua non for imposition of levy of da.....
Tags : Supreme Court, Delay in Payment of EPF Contribution
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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
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Karnataka HC Seeks Clarification on Delay in Investigations Under SC/ST Act(17.09.2020)
Karnataka High Court has sought a clarification from the State Government on why there has been delay in investigating and filing of charge sheet in o.....
Tags : Karnataka High Court, Delay in Investigations
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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
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Supreme Court: HC while Exercising Revisional Jurisdiction can Condone Delay(07.11.2019)
Supreme Court has held that the provisions of Section 5 of the Limitation Act, 1963 are applicable on High Court while exercising revisional power sin.....
Tags : Supreme Court, Condone Delay
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