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
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
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
award is three months.
The power of the court to condone delay is only limited to 30
days and not thereafter. The Supreme Court ... that the
power of the court to condone delay does not extend beyond the
period of 30 days. The delay in re-filing
argued, is whether in contempt proceedings, the court has jurisdiction to condone delay. In order to appreciate the rival contentions which have been raised ... court in such proceedings, the question of condoning delay does not arise. Delay can be condoned in a case where a person
pointed out at the admission stage for condonation of delay, the delay should be condoned. In my view, if such a type of application ... small delay as against where there was gross delay. In their view, probably, if the delay is small, the Court may condone the same whereas
person acquitted, on the question of delay in preferring an appeal, neither the delay can be condoned nor the appeal could be admitted by considering ... Section 5 of the Limitation Act for condonation of delay, the delay cannot be condoned without hearing the respondent and in view of the pronouncements
