should
condone the delay, irrespective of the above facts and in all these
judgments the delay has been condoned by the Court. As per
contra ... Court under these provisions. The
explained delay should be clearly understood in contradistinction
to inordinate unexplained delay. Delay is just one of the
ingredients which
delve into the factual scenario and the
defensibility of the order condoning delay, it is
seemly to state the obligation of the court while
dealing ... Judge Bench
observed that the legislature has conferred power to
condone delay by enacting Section 5 of the Indian
Limitation Act of 1963 in order
Chief Post Master General
has shown sufficient cause for condoning the delay of
427 days in filing SLPs before this Court.
Depending on the outcome ... stand to benefit by
lodging an appeal late.
2. Refusing to condone delay can result in a meritorious
matter being thrown out at the very
courts to consider whether any
sufficient cause has been shown to condone delay is no doubt discretionary but the discretion must
be exercised judicially ... where there is no
sufficient cause for condoning the delay but the delay was condoned, it is a case of discretion not
being exercised judicially
huge delay of 1011 days has been made out.
6.1 The High Court has observed that if the delay is condoned no
prejudice will ... excusing
delay is shown discretion is given to the Court to condone
delay and admit the appeal. This discretion has been
deliberately conferred
appeal is filed in such appeal without an
accompanying application to condone delay the
consequence cannot be fatal. The court can regard in
such ... Length of the
delay is a relevant matter to be taken into account while
considering whether the delay should be condoned
application under Section 5 of the Limitation Act for condoning the
delay in filing the petition for setting aside the ex parte decree. Both ... against the ex parte decree along with an application
for condoning the delay in filing that appeal as enjoined by Order XLI
Rule
jurisdiction of the High Court in
the matter of condoning delay beyond the prescribed period
under the Act. After finding that under Section ... delay. He initially contended that since Section
35H speaks about the substantial question of public
importance, even the delay, if any, has to be condoned
corrected the order since the conditions precedent for condoning delay in making payment of the annuity deposit were not satisfied with the result that ... Income-tax Officer has to exercise his discretion for condoning delay in such cases, under such circumstances and subject to such conditions
fact that no affidavit in opposition to
the application for condoning delay was filed even though a
copy of the application was served ... condoning delay. It was asserted that the appeal, is within
time and alternatively it was prayed that delay, if any, be
condoned. The High Court
