sustainable the delay cannot be condoned and hence is
not condoned. Thus the plea taken to condone the delay,
being totally unrelated, is not sustainable ... filing the appeal
is not condoned."
7. We find that the CIT(A) has not condoned the delay in view of the
reasoning given
bound to remove the injustice by
condoning the delay on technicalities. If the delay is not condoned, it would
amount to legalising an illegal order ... itself is sufficient for condoning the delay of 2819 days
6.6 . In case the delay was not condoned, it would amount to legalise an illegal
legal injury.
DELAY CONDONED ENSURING
EQUALITY BEFORE LAW
38. Unless litigation is mischievous, remedy shall be undeniable condoning delay. When conduct of appellant ... motion of its wheels.
DELAY IS CONDONABLE TO
PREVENT MISCARRIAGE OF JUSTICE
41. Where refusal to condone the delay results in grave miscarriage of justice
limitation and provides for power to condone the delay as well, then such delay can be condoned only for sufficient and good reasons supported ... bound to remove the injustice by condoning the delay on technicalities. If the delay is not condoned, it would amount to legalising an illegal order
time limit prescribed in it. Even one day‟s delay
(beyond 30 days‟ delay condonable under the said Section) cannot be
condoned. Decisions ... that in
the present case, the delay of 258 days is exorbitant and the said delay cannot
be condoned as it would amount to delaying
delay.
The application filed for condonation
of delay in the present case hardly gives
any reason or cause much less a
reasonable explanation for condoning ... reasonably explain the
delay, may be, by not giving explanation for each
day of delay but to explain the delay in a
composite manner
involved and credible causes for such delay.
Therefore also, though in this reported judgment, delay has not been
condoned, it cannot be the rule ... there is sufficient reason to condoned the delay, irrespective of the
cited cases, delay can be condoned.
24. Thus, in my view, the statement
cannot be condoned. Such unexplained delay is to be construed as
an uncondonable delay. Consequently, uncondonable delay cannot
be condoned at all. Once there ... Length
of the delay is a relevant matter to be taken into account,
while considering whether the delay should be condoned or
http://www.judis
present appeal are, whether a court has the jurisdiction to
condone delay in re-filing of an application under section
34 of the Act, where ... infructuous. Application seeking
condonation of delay in re-filing is allowed and the delay is condoned.
O.M.P. (COMM) 363/2019
33. Issue notice
application for
condonation of delay of 114 days. The delay in
preferring the review application came to be
condoned by RCT and review application ... after delay of about 13 years and 6 months for filing
the claim petition. The delay occurred in filing the
claim petition is condoned vide
