delay condonation section

Condonation of delay 2.5. [section 4]. Condonation of delay is a matter of discretion of the Court and S. 5 does not prescribe any particular time limit for exercise of such discretion. Being a statutory body, an adherence to the just method of decision making requires consultations with affected departments of the University itself and therefore, the final say in the matter rests with the Executive Council which is constituted under Section 21 of the Delhi University Act, 1922. This is because much water had flown under the bridge before the said development and those events ought to have triggered action from the appellant in challenging, more so when there were other litigations relating to the same subject, as noticed in the order of the learned Single Judge. For condonation of delay, sufficient cause be shown Court must not be pedantic in . However, any time taken by the court to prepare the decree or order before an application for a copy thereof is made shall not be excluded. However, condonation of delay is one of the exceptions to this act as it is the extension of the prescribed time period as given under limitation act,1963. This act provides a limited time period for different cases in order to prevent litigation from being dragged into longer periods of time and to give quick disposal of cases. Mortgagor has the Right to Redeem the Mortgage until Issuance of Sale Certificate Under SARFAESI Act, Compliance Of Section 12A of the Commercial Courts Act When Both Parties Refuse to Participate in the Pre-Institution Mediation, Checklist: Dealing with workplace injuries (USA), How-to guide: How to understand and comply with wage and hour laws (USA), How-to guide: How to protect trade secrets in the employment relationship (USA). This doctrine is applied to criminal cases only and is not available to execution proceedings. 11DMRC has proceeded in the matter. 6. The reason assigned that a decision to file the LPA could not be taken as the office of ViceChancellor had fallen vacant also cannot be accepted since such vacancy arose only on 28.10.2015 while the writ petition had already been disposed of on 27.04.20 15 and there was sufficient time to file the LPA if they had the intention to do so. Judicial Actions: Raj Bahadur Singh & Another v. D.J. The challenge in the writ petition was, inter alia, to the decision dated 12.5.2011 of the Delhi Development Authority (hereinafter referred to as the, DDA for short) who had allowed respondent no. Condonation of delay is an exception and should not be used as an anticipated benefit for the government departments. Step 3: On the Refund Reissue page, the details and status of refund reissue requests you have raised is displayed. ). Condonation of delay is the extension of the prescribed period in specific cases. Keep writing keep sharing. From a consideration of the view taken by this Court through the decisions cited supra the position is clear that, by and large, a liberal approach is to be taken in the matter of condonation of delay. Short title, extent and commencement - (1) This Act may be called the Limitation Act,1963. In case, the prescribed period for any suit, appeal or application expires on a day when the court is closed, the suit, appeal or application may be instituted on the day when the court reopens, as provided under Section 4 of the act. In fact, the learned Single Judge while taking note of the challenge raised by the appellant herein has also taken note of an earlier petition bearing W.P (C) No.8675/2011 filed by the Association of Metro Commuters wherein also the residential development was an issue, which came to be dismissed by order dated 14.02.2011. The expression sufficient cause employed by the legislature is adequately elastic to enable the courts to apply the law in a meaningful manner which subserves the ends of justice that being the life-purpose for the existence of the institution of courts. PK ! The respondent No. Section 5 of the Limitation Act deals with condonation of delay in case of appeal. Supreme Court in the matter of Ram Lal v. This judgment delivered by a full bench headed by Justice R F Nariman reversed the findings in N V International v State of Assam [(2020) 2 SCC 109], which had strictly imported the limitation period of 120 days from Section 34(3) of the Arbitration Act to be applicable to Section 37 appeals. The delay can be caused due to many unavoidable reasons or due to mistake. The Senior Counsel then refers to the Zonal Development Plan for ZoneC (Civil Lines Zone) of the DDA as approved by the Ministry of Urban Development to point out that the authorities have recognized the existence of number of old historical buildings of the colonial period within the Delhi University Campus and effort should be made to convert the Delhi University into an integrated Campus with restriction on tall buildings. The order of the High Court dismissing the appeal before it as time-barred, is therefore, set aside. By: Chinmay Mehta. IF COURT IS CLOSED ON LAST DAY If court is closed on last day of limitation, suit, appeal or application can be filed on next day when Court reopens. Hence, he contends that the High Court ought to have condoned the delay and the matter should have been considered on its merits. Shri A.N.S. Living Media India Limited & Anr. Holding discussions and deliberations among these bodies and considering their inputs involved further time and it involved coordination and interaction with various authorities and stake holders. Completion of Development Upon the completion of the whole development or complete phases of the development, Council may review this Agreement, in whole or in part, and may:. GST Refund on Export based on FOB value: A Partial Settlement! of the Indian Limitation Act of 1963 in order to enable the courts to do substantial justice to parties by disposing of matters on merits. 11DMRC, has contended that the Ministry of Urban Development as a matter of Policy of the Government of India had permitted the DMRC to generate its own resources through property development and has accordingly permitted to carry out property development on the land transferred to it by the Government. In that view, it would be necessary for us to advert to those aspects of the matter and notice the nature of consideration made in the writ petition as well as the LPA to arrive at a conclusion as to whether the High Court was justified. [section 3(1)]. In such circumstance, if at this stage the inordinate delay is condoned unmindful of the lackadaisical manner in which the appellant has proceeded in the matter, it would also be contrary to public interest. ITEM NO.11 COURT NO.6 SECTION IV-A S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS SPECIAL LEAVE PETITION (CIVIL) Diary No(s).14109/2023 (Arising out of impugned final judgment and order dated 16-06-2021 . Shri Mohan Parasaran, learned Senior Counsel in reply to the said contention would reiterate the contentions put forth relating to the explanation of delay and would contend that the conclusion of the learned Single Judge that the writ petition was hit by laches is fallacious inasmuch as the respondent No.13 themselves had filed a writ petition raising certain disputes with regard to the limit of FAR through the Notification dated 20.0 1.2005 and such challenge by the respondent No.13 had come to an end on 18.05.2011 and the NOC etc. On the other hand, the DMRC had projected that after construction of the University Metro Station, 2 hectares of land remained surplus and the housing project was intended to generate revenue for the DMRC as per the policy of the Government. c. The length of the delay is immaterial, and the cause of the delay must be acceptable for condoning the same. The decision should not be mala fide or arbitrary, it must be judicial. Under Section 15 of the act, the time during which an injunction or restraint order issued by a court remains in force, is to be excluded while computing the period of limitation for any suit or application for the execution of a degree. So appeal must be filed within the prescribed time in order to obtain further proceedings. Change), You are commenting using your Facebook account. Subsequently legal opinion was sought and the draft appeal and petition was prepared which was thereafter got vetted and settled by the Senior Counsel. Vs. District Board, Bhojpur & Ors. 2. 11. On the one hand if the law of limitation keeps a check on the pulling of cases and prescribes a time period within which the suit can be filed and the time available within which the person can get the remedy conveniently. Katiji & Ors., 1987(2) SCC 107 wherein it is held as hereunder: 3. the non availability of the Vice Chancellor due to retirement and subsequent appointment of new Vice Chancellor, also that the matter was placed before the Executive Council and a decision was taken to file the appeal and the said process had caused the delay. Both the Reports one by the Equal Opportunity Cell and the other by the Office of Proctor were sent to the Counsel concerned who was holding the brief for the preparation of the Appeal memorandum. The said amount as indicated is used for its projects providing metro rail service to the commuting public. While dismissing the application for condonation of delay, the High Court held that sub-section 3 of Section 34, using the words "but not thereafter" restricts the power to condone delay beyond a period of 30 (thirty) days. In that circumstance when the said Vice Chancellor who had prosecuted the writ petition was available, the submission of the learned Senior Counsel for the appellant that unseen hands are likely to have prevented the filing of the appeal also cannot be accepted. The consideration for condonation of delay would not depend on the status of the party namely the Government or the public bodies so as to apply a different yardstick but the ultimate consideration should be to render even handed justice to the parties. If the appellant files necessary application in accordance with law seeking condonation of delay, the same may be considered by the said court, in accordance with law./2017 dated 29.02.2020 whereby the accused is convicted for offences punishable under Section 138 of the NI Act, which is incorporated in the operative portion of the order. Rule 3-A has been inserted by the Amendment Act of 1976. Note* we only accept Original Articles, we will not accept All Rights Reserved. 11 DMRC is engaged in providing the public transport and for the said purpose the Government through policy decision has granted approval to generate resources through property development and in that regard the development as earlier indicated, is taken up. The said contentions are also supplemented by Shri R. Venkataramani and Shri Ramji Srinivasan, learned Senior Advocates. 16. The time limit for filing written statement 2.3. In fact, in the writ petition an affidavit was filed referring to Resolution No. The second respondent instituted revisional proceedings before the Sessions Judge . Keep a step ahead of your key competitors and benchmark against them. For instance, Section 12 of the Limitation Act lays down certain guidelines regarding computation of limitation period. The principal contentions of the appellant University on the merits of the challenge were as follows: a) the permission sought by Respondent No. Siddharth Jain Advocate, New Delhi 6261 Answers 101 Consultations That the delay in filing the _____ is neither intentional nor will full but due to the . If father of applicant is illiterate who needs more time for filling the application or appeal. It is true that as held in the case of Mst. In the present case the question is as to whether an appeal lies against an order passed by the trial Court wherein it had by a common order rejected both the applications under section 5 of the Limitation Act and Order9 Rule 13 C.P.C. The learned Single Judge having noticed the entire sequence refused to entertain the writ petition of the University including on the ground of delay and laches. In that regard, rather than taking note of the hardship that would be caused to the respondent No.13 as contended by the learned Senior Counsel, what is necessary to be taken note is the manner in which the respondent No. Condonation of delay is a doctrine mentioned in the Limitation Act, 1963. The reason behind the exclusion of the term suit is section 3 of the limitation act. It is for general welfare that a period be put on litigation. Hence the delay and laches has been explained and it is not a case of negligence. Thereafter the writ petition of the appellant filed in the year 2012 was pending till it was disposed on 27.04.2015. 6. The law of limitation undoubtedly binds everybody, including the Government.
Homes For Sale In Orange County, Nc, Articles D