The views expressed are not the personal views of EBC Publishing Pvt. The High Court dismissed Crl. The Courts, as held by the Supreme Court, must keep in mind, while dealing with the limitation petition, that there is a distinction between the delay for a plausible reason and delay because of inaction or negligence which deprives a party of the protection of Section 5 of the Limitation Act, 1963. Thus, the period of delay from 15.03.2017 till the Second Appeal was filed in the year 2021 has not at all been explained. 2015 (CC Act). Ramachandran v. State of Kerala, (1997) 7 SCC 556 Even in such cases the condonation of long delay should not be automatic since the accrued right or the adverse consequence to the opposite party is also be kept in perspective. STATE OF MADHYA PRADESH Versus SADIQUE AND ORS. period in certain cases), would apply to appeals arising out of Ramlal vs. Rewa Coalfields Ltd., AIR 1962 SC 361 The a welcome step towards more streamlined adjudication on the issue Therefore, taking into consideration all these aspects of the matter, the SC has been of the opinion that not only the Single Judge of the HC was justified in holding that the writ petition was hit by delay and laches but the decision of the division bench in dismissing the LPA on the ground of delay of 916 days is also justified and the orders do not call for interference. any such specific exclusion, Section 5 of the Limitation Act states that in the case of special acts, such as the Arbitration 3. legislations sought speedy disposal of disputes through their [Sec 41 Code of Criminal Procedure] When can a police officer arrest a person without a warrant? 5335 of 2013, Dated 5-7-2013 (SC)] ANDHRA PRADESH PUBLIC EMPLOYMENT [ORGANISATION OF LOCAL CADRES ACQA->ACQUITTAL APPEAL [ APPEAL U/S 378 ], YOGESH NAVINCHANDRA RAVANI VERSUS NANJIBHAI SAGRAMBHAI CHAUDHARY, STATE OF GUJARAT AND ANR. The Honble Supreme Court observed after perusing the impugned order that it can be seen that the High Court has not observed that any sufficient cause explaining the huge delay of 1011 days has been made out. Thereafter going through the averments in the application for the condonation of delay the Honble Supreme Court observed that there is no sufficient explanation for the period from 15.03.2017 till the Second Appeal was preferred in the year 2021. WebThe judgements deal with condonation of delay that is used to describe the delay caused in bringing cases or applications to the courts. Specifically concerning v State of Assam [(2020) 2 SCC 109], which had strictly LAW OF LIMITATION PRINCIPLES AND LANDMARK JUDGMENT ON CONDONATION OF DELAY 1. Its basically meant to protect the long and established user and to indirectly punish persons who go into a long slumber over their rights. Sometimes delay of the shortest range may be uncondonable due to a want of acceptable explanation whereas in certain other cases, delay of a very long range can be condoned as the explanation thereof is satisfactory. The court must not presume that the delay was deliberately caused due to negligence or malafide intentions. When a case with arguable points is shut out on prescriptions of limitation, it results in throwing out a good case at the threshold with the only necessary implication of injustice being perpetuated and justice being defeated. 1985 SCMR 903 Fazal Karim etc. Harjyot Singh vs Mrs. Manpreet Kaur on 12 April, 2021. Nidhi Singh elaborates on meticulous effort, rationale approach and innovation needed for legal excellence, In conversation with Faizal Latheef on counsel practice and legal opportunities in the Middle East, Kerala High Court bats for safe sex education in schools and colleges. Webjudgment to this case as well. In Warlu vs. Gangotribai Anr. The mandate of Section 5 of the Limitation Act 1963 is that if a Court is satisfied about the applicant having sufficient cause for not preferring the appeal or any other application, the delay may be condoned. not negligently, a short delay would be condoned at the Court's The said order was challenged by the wife by filing an application under Order 9 Rule 13 CPC for setting aside the ex-parte decree which was rejected by the family court. Mondaq uses cookies on this website. [RRD v. RS, 2019 SCC OnLine Del 7446, decided on 20-02-2019], Your email address will not be published. Opposite to State Bank of Mysore Head Office Bangalore - 560009. In a landmark decision, on 19 March 2021, the Supreme Court of India (Supreme Court) in Government of Maharashtra v M/s Borse Brothers Engineers & Contractors Pvt Ltd (Civil Appeal No. 995 of 2021), overturned its earlier position and observed that Section 5 of the Limitation Act, 1963 (i.e. Appeals Your email address will not be published. The decisions referred to by the appellants counsel to the facts Web(FOR ADMISSION and I.R. Chamber no.25, Judicial Court complex Baba Bakala Sahib, District Amritsar, Punjab - 143201. Condonation of delay is the extension of the prescribed period in specific cases. b. WebThe judgements deal with condonation of delay that is used to describe the delay caused in bringing cases or applications to the courts. and IA No.98181/2023-EXEMPTION FROM SURRENDERING WITHIN TIME ) Date : 19-05-2023 This petition was called on for hearing the Bench once again upheld the position that Section 13(1A) did It was further observed that while exercising discretion for condoning the delay, the court has to exercise discretion judiciously. analysed in view of both the Arbitration and CC Acts. No. It was further observed that each application for condonation of delay has to be decided within the framework laid down by this Court. Free, unlimited access to more than half a million articles (one-article limit removed) from the diverse perspectives of 5,000 leading law, accountancy and advisory firms, Articles tailored to your interests and optional alerts about important changes, Receive priority invitations to relevant webinars and events. Secondly, the reason sought to be put forth about the about the decision required to be taken by the Executive Council was also not accepted by the Court, as it was just about filing the appeal. That apart, where there is such a long delay and there is no proper explanation. It is axiomatic that condonation of delay is a matter of discretion of the court. Copyright IndianEmployees.com All Rights Reserved. In The entire explanation noticed above, depicts the casual approach unmindful of the law of limitation despite being aware of the position of law. Webin the united states district court for the district of utah united states of america, and ) At the hearing of motions, the plaintiffs opposed taking on record any WS in view of the newly introduced Proviso to Order 8 Rule 1. Blog are for informational purposes only and for the reader's personal non-commercial use. Webbeing FAO No 358 of 2018, with a delay of 619 days. The Trial Court dismissed the said suit. In a landmark decision, on 19 March 2021, the Supreme Court of views/position of Khaitan & Co but remain solely those of the incuriam on that count. And such a liberal approach is adopted on principle as it is realized that: 1. imported the limitation period of 120 days from Section 34(3) of >>> It shall be pertinent to go thru the following judgment cited in above mentioned Landmark judgment of Punjab high court for condonation of delay in payment of Gratuity: Andhra Pradesh Assigned Lands (Prohibition of Transfers) Amendment Andhra Pradesh Civil Services (Classification, Control and Appeal) Andhra Pradesh Police (Civil) Subordinate Service Rules. Affidavits filed in support of the applications for condonation of delay are usually drafted by the advocates on the basis of half-baked information made available by the affected persons. Act. thereof. (LogOut/ VERSUS BHERULAL Respondent(s) U D G M E N T SANJAY KISHAN KAUL, J. IA No.62372/2020-CONDONATION OF DELAY IN FILING The Special Leave Petition has VERSUS BHERULAL Respondent(s) U D G M E N T SANJAY KISHAN KAUL, J. IA No.62372/2020-CONDONATION OF DELAY IN FILING The Special Leave Petition has been filed with a delay of 663 days! The reason assigned by the Supreme Court is that an unlimited period of litigation would have an impact of rendering a sense of insecurity and uncertainty, depriving a successful party of enjoying the fruits of litigation as finality to a judgment is postponed. inadvertently overridden by the 120 day limitation as per Section further clarified that if a party had acted bona fide, and 401] to emphasise that speedy disposal and limited judicial 1937 ( Aircraft Rules 1937 In Inter - State River Water Disputes Act 1956, AIR (PREVENTION AND CONTROL OF POLLUTION) ACT, 1981. N-223, Mayfield Garden, Sector51, Gurugram- 122018 Maniben Devraj Shah vs Mun.Corp.Of Br.Mumbai on 9 April, 2012. Katiji, In Collector, Land Acquisition, Anantnag v. Mst. : The content of this Ltd. 1 observed that the Apex Court's suo motu order extending limitation period on account of COVID-19 would also include the period which can be condoned in exercise of the statutory discretion.. Sistani and Jyoti Singh, JJ., dismissed an appeal filed by the appellant-wife against the order of the family court rejecting her It must be borne in mind that he is a loser and he too would have incurred quite large litigation expenses. Your email address will not be published. 2. Contempt Petition (Civil), 28852 of 2020, Judgment Date: Oct 11, 2022. The Hon'ble Supreme Court in a recent order in Centaur Pharmaceuticals Pvt. Arbitration Act and the CC Act and concluded that both the 4. Patna High Court passed the order in favour of petitioners directing that cancellation of jamabandi is unnecessary, No Notice of GST Recovery Has Been Issued Against The Applicant; Arrested Illegally: Bail is granted by Allahabad High Court. State of Nagaland v. Lipok AO, AIR 2005 SC 2191 The Supreme Court has, on number of occasions opined that the expression sufficient cause ought to be interpreted in a manner which subserves the cause of justice for which the institutions of justicing stand for. Section 5 of the Limitation Act does not say that such discretion can be exercised only if the delay is within a certain limit. It was further observed that the law of limitation may harshly affect a particular party but it has to be applied with all its rigor when the statute so prescribes and the courts have no power to extend the period of limitation on equitable grounds. 8. ExplanationThe fact that the appellant or the applicant was misled by any order, practice or judgment of the High Court in ascertaining or computing the prescribed period may be sufficient cause within the meaning of this section.. Date : 09-05-2023 This petition was called on for hearing today. However, there is no explanation for the period after 15.03.2017. 14. It was further observed that the expression sufficient cause cannot be liberally interpreted if negligence, inaction, or lack of bona fides is attributed to the party. P. RANJITHARAJ VERSUS THE STATE OF TAMIL NADU & ORS. Bringing you the Best Analytical Legal News, Delhi High Court:A Bench of G.S. considered the nexus between Section 37 of the Arbitration Act and Webfiled by the State of Telangana to condone a delay of 913 days in filing the Appeal. Without any good reason, nobody would like to have his claim extinguished and more often than not, any good reason would dovetail into sufficient reason for approaching the Court after the period of limitation. Time is precious and wasted time would never revisit. The Supreme Court while reversing the order passed by High Court which had condoned 565 days delay in filing an appeal by the State against the decree of the Sub- Court in an arbitration application, observed that the law of limitation may harshly affect a particular party but it has to be applied with all its rigour when the statute so prescribes and the Courts have no power to extend the period of limitation on equitable grounds. They are meant to see that parties do not resort to dilatory tactics but seek their remedy promptly. Court decided to the contrary, placing reliance upon B K Ramlal vs. Rewa Coalfields Ltd., AIR 1962 SC 361 The Supreme Court, while interpreting Section 5 of the Limitation 2. LTD. Hdfc Ergo General Insurance Company Ltd. Sistani and Jyoti Singh, JJ., dismissed an appeal filed by the appellant-wife against the order of the family court rejecting her application under Order 9 Rule 13 CPC for setting aside the ex-parte decree of divorce passed in favour of her husband. 5. Versus D. Prabhakara Rao & Ors. applicable to arbitration as well as court proceedings. Section 37 of the Arbitration & Conciliation Act, 1996 only be 'by way of exception and not by way of rule'. Webcondonation of delay and consequently the main application were dismissed by the Debts Recovery Tribunal (DRT for short) through its order dated 12.06.2015. As seen in contexts of both the Arbitration and CC Act, the The law of limitation is thus founded on public policy. of limitation in appeals arising under the Arbitration and CC The condonation of delay is a provision in the Act that allows the DRT to accept applications for recovery proceedings even if there is a delay in filing the application. In construing Section 5 (of the Limitation Act), it is relevant to bear in mind two important considerations. It was further observed that each application for condonation of delay has to be decided within the framework laid down by this Court. However, there was no order as to cost. The courts of law have delivered path breaking and trendsetting judgments on condonation of delay. Therefore, the High Court has not exercised the discretion judiciously. The Act postulates time-limits for different suits and mentions the time period within which a As against the same, the delay in this case is of filing LPA is 916 days and as such the consideration to condone can be made only if there is reasonable explanation and the condonation cannot be merely because the appellant is public body. The Law of Limitation prescribes the time-limit for different suits within, which an aggrieved person can approach the court for redress or justice. It also instructs on the manner in which an application of condonation of delay has to be drafted by an applicant and as to how it should be dealt by the Courts of law as well . HELD: The court dismissed the appeal as delay being insufficiently explained was not liable to be condoned. Disclaimer & Confirmation As per the rules of the Bar Council of India, law firms are not permitted to solicit work and advertise. Kandla Export Corporation v OCI Corporation [(2018) 14 SCC They are usually guided by their co-villagers, who are familiar with the proceedings in the courts or the advocates with whom they get in touch for redressal of their grievance. In cases of criminal matters, there has been a case named Mohd. In the application seeking condonation of delay, it was stated that she is aged 45 years and was looking after the entire litigation and that she was suffering from health issues and she had fallen sick from 01.01.2017 to 15.03.2017 and she was advised to take bed rest for the said period. The averments made in delay condonation application do not inspire any confidence. Katiji, (1987) SCC 107 The Supreme Court made a significant departure from the earlier judgments and observed: The law of limitation fixes a lifespan for such legal remedy for the redress of the legal injury so suffered. State of Kerala and Anr., (1997) 7 SCC 556 wherein it was held while refusing to condone the delay of 565 days, that in the absence of reasonable, satisfactory, or even In that view, it was necessary for the Court to advert to those aspects of the matter and notice the nature of consideration made in writ petition as well as the LPA to arrive at a conclusion as to whether the HC was justified. The content of this document do not necessarily reflect the The Bench placed reliance on its decisions It was further observed that if courts start condoning delay where no sufficient cause is made out by imposing conditions then that would amount to a violation of statutory principles and showing utter disregard to the legislature. In overturning the N V International judgment, the Hence, in the present matter, appellants submission that he got the knowledge of the impugned order on 31-01-2017 was nothing but an attempt to mislead the Court. Whether it is mandatory to pay stamp duty on lease agreement entered for 11 months. Length of delay is no matter, acceptability of the explanation is the only criterion. The idea is that every legal remedy must be kept alive for a legislatively fixed period of time. EBC Publishing Pvt. When substantial justice and technical considerations are pitted against each other, cause of substantial justice deserves to be preferred for the other side cannot claim to have vested right in injustice being done because of a non-deliberate delay. WebAfter reading this case, it could be said that following points need to be considered while considering an application for condonation of delay under S. 5 of the Limitation Act. Section 5 of the Limitation Act, 1963 (i.e. other cause. Jury finds Donald Trump guilty in sexual abuse case, Doctor stabbed to death: Know what the High Court said on Kerala doctor killed by accused, What is precedent: Obiter Dicta and Ratio Decidendi explained, Pre-litigation mediation under Section 12A of the Commercial Courts Act, 2015 mandatory; any violation would lead to rejection of plaint: SC, Power under S. 5 of Limitation Act is not to be exercised in a mechanical manner, Advocates should prioritize Legal Aid matters; Access to justice cannot be denied based on economic capacity: Bombay High Court. In the matter of condonation of delay and laches, the well accepted position is also that the accrued right of the opposite party cannot be lightly dealt with. Ltd. and do not constitute legal advice. As against this, the highest that can happen on condonation of delay is that a case would be (Arbitration Act) and Section 13 (1A) of the Commercial Courts Act, Punjab (Branch Office) Sistani and Jyoti Singh, JJ., dismissed an appeal filed by the appellant-wife against the order of. In view of the above, the present decision of the Supreme Court is It is common knowledge that this Court has been making a justifiably liberal approach in matters instituted in this Court. We are not responsible for any reliance that a user places on such information and shall not be liable for any loss or damage caused due to any inaccuracy in or exclusion of any information, or its interpretation thereof. But it is a different matter when the first court refuses to condone the delay. In order to plug this lacuna Treaties/Conventions/International Agreements, International Courts/Regulatory Authorities, Notifications/Circulars/Directions/Orders, Tribunals/Regulatory Bodies/Commissions Monthly Roundup, Train Accidents: A Guide to Claim Compensation from Railways. condone delay) and termination of proceedings. Arbitration Act suggests that the Limitation Act would be As against this when delay is condoned the highest that can happen is that a cause would be decided on merits after hearing the parties. Collector, Land Acquisition, Anantnag v. Mst. Del HC | Wifes application for setting aside ex-parte divorce decree rejected in absence of application for condonation of more than 4 years delay, Click to share on Facebook (Opens in new window), Click to share on Twitter (Opens in new window), Click to share on LinkedIn (Opens in new window), Click to share on WhatsApp (Opens in new window), Click to email a link to a friend (Opens in new window), Click to share on Telegram (Opens in new window), Click to share on Reddit (Opens in new window), Click to share on Tumblr (Opens in new window), Click to share on Pinterest (Opens in new window), Click to share on Pocket (Opens in new window), Click to share on Skype (Opens in new window).