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Searching Case Laws & Precedent on Legal Query.....!
Analysing the retrieved Case Laws
Scanned Judgements…!
Delay Not Condoned - Several cases highlight that delay can be condoned if justified, but it cannot be automatically accepted without proper consideration. For example, in 2024 Supreme(Online)(Tel) 39211, the delay of over six years was condoned after the respondent's order was challenged, with the court directing a hearing on the condonation petition ["2024 Supreme(Online)(Tel) 39211"].
Condonation of Delay in Various Proceedings - Multiple judgments, including BULANDSHAHAR KHURJA DEVELOPMENT AUTHORITY vs HAMID ALI KHAN (D) THR. LRS - Supreme Court_SC_16642_2022, BULANDSHAHAR KHURJA DEVELOPMENT AUTHORITY vs HAMID ALI KHAN (D) THR. LRS - Supreme Court_HC_UPHC010056581993, and BULANDSHAHAR KHURJA DEVELOPMENT AUTHORITY vs HAMID ALI KHAN (D) THR. LRS - Supreme Court_SC_20736_2022, demonstrate that courts are inclined to condone delays in filing petitions, reviews, or applications, provided there are valid reasons. In these cases, the courts explicitly stated that delay was condoned and dismissed the petitions on merits, indicating that delay alone isn't a ground for dismissal if justified ["BULANDSHAHAR KHURJA DEVELOPMENT AUTHORITY vs HAMID ALI KHAN (D) THR. LRS - Supreme Court"], ["BULANDSHAHAR KHURJA DEVELOPMENT AUTHORITY vs HAMID ALI KHAN (D) THR. LRS - Supreme Court"], ["BULANDSHAHAR KHURJA DEVELOPMENT AUTHORITY vs HAMID ALI KHAN (D) THR. LRS - Supreme Court"].
No Harsh Stance on Delay When Properly Explained - Courts have emphasized that delays should not be viewed strictly if they are not intentional or are due to genuine reasons. For instance, in 2023 Supreme(Online)(MAD) 35399, the delay was condoned, and the application under Order 9 Rule 13 CPC was taken up after hearing parties, with no costs imposed ["2023 Supreme(Online)(MAD) 35399"].
Specific Cases of Delay Condonation - Several applications, such as BULANDSHAHAR KHURJA DEVELOPMENT AUTHORITY vs HAMID ALI KHAN (D) THR. LRS - Supreme Court_HC_HCBM030406662019, BULANDSHAHAR KHURJA DEVELOPMENT AUTHORITY vs HAMID ALI KHAN (D) THR. LRS - Supreme Court_HC_HCBM030406702019, and BULANDSHAHAR KHURJA DEVELOPMENT AUTHORITY vs HAMID ALI KHAN (D) THR. LRS - Supreme Court_HC_JKHC020052532018, show that courts are willing to condone delays in filing appeals or applications, especially when the reasons provided are non-controversial and not deliberate. The courts have noted that the delay was not intentional or prejudicial, leading to condonation ["BULANDSHAHAR KHURJA DEVELOPMENT AUTHORITY vs HAMID ALI KHAN (D) THR. LRS - Supreme Court"], ["BULANDSHAHAR KHURJA DEVELOPMENT AUTHORITY vs HAMID ALI KHAN (D) THR. LRS - Supreme Court"], ["BULANDSHAHAR KHURJA DEVELOPMENT AUTHORITY vs HAMID ALI KHAN (D) THR. LRS - Supreme Court"].
General Principle - Courts generally tend to condone delays if there is a reasonable cause, non-intentional delay, or genuine hardship, and they often direct hearings on condonation petitions to ensure justice is served without penalizing parties for procedural delays multiple references.
Analysis and Conclusion:While delay cannot be outrightly condoned without scrutiny, courts are generally sympathetic to genuine reasons and non-deliberate delays. The key insight across these cases is that the courts prioritize substantive justice over procedural strictness, provided the delay is adequately explained and not malicious. Therefore, delay can be condoned, but it requires a balanced assessment of the reasons and circumstances involved all references.
In the fast-paced world of litigation, time is of the essence. Yet, parties often miss due to various reasons. The question arises: Dealy can Not be Condoned—or more precisely, under what circumstances can courts in India refuse to excuse delays in filing appeals, applications, or petitions? While courts generally favor deciding cases on merits to ensure , they draw a firm line when explanations lack genuineness. This blog delves into the legal principles governing , drawing from landmark judicial observations and case examples.
Understanding this balance is crucial for litigants, lawyers, and anyone navigating India's judicial system. Courts exercise discretion under , but it's not boundless. Let's break it down.
Indian courts typically lean towards condoning delays to promote rather than letting technicalities defeat legitimate claims. As noted, the judiciary generally prefers to decide cases on merits and to ensure substantial justice, which often results in condoning delay 2025 0 Supreme(Bom) 367. This approach avoids denying parties a hearing if the explanation is and acceptable 2025 0 Supreme(Bom) 367.
For instance:- Delays of several years have been excused for genuine reasons like ignorance, mistake, or inadvertence, provided there's no or negligence 2025 0 Supreme(SC) 1547 2024 0 Supreme(SC) 509.- In review petitions or appeals, courts have condoned delays when applications are supported by reasonable grounds, as seen in cases like
, where Delay condoned before dismissing the petition on merits, and
, stating Delay in filing the restoration application is condoned.
However, this leniency is not generosity. The principle is clear: delay should not be condoned as a matter of generosity 2024 3 Supreme 504.
Courts refuse condonation when the explanation is , fanciful, or lacking intent, or when the delay is grossly inordinate and unjustified. The expression must be construed liberally, but its nature is paramount. If found wanting, condonation is denied 2024 0 Supreme(Bom) 845.
Key scenarios include:- or frivolous explanations: Courts are justified in refusing if the reason shows negligence, deliberate inaction, or concocted stories 1994 0 Supreme(SC) 1409 2012 0 Supreme(SC) 2709. For example, courts are justified in refusing to condone delay if the explanation is , frivolous, or demonstrates negligence or deliberate inaction 1994 0 Supreme(SC) 1409.- Inordinate delays without justification: A delay of over with a weak or fanciful explanation is typically rejected. In one case, a huge delay of in re-presenting petitions was not condoned due to lack of acceptable reasons and casual filing. The court held, length delay of in re-presenting the petitions which was filed in a casual manner without giving any reason, much less acceptable reasons, cannot through be sustained 2017 0 Supreme(Mad) 163.- in : Delay or cannot be condoned if it shows lack of diligence. This omission or inability militates with his stature as a diligent litigant propounding a public cause... Obviously, this delay or latches can not be condoned 2016 0 Supreme(Bom) 1156.
The discretion is circumscribed, exercised vigilantly and circumspectly 2015 4 Supreme 508 2024 0 Supreme(Bom) 845.
Bona fides is the litmus test. The colour the expression ‘’ would get in the factual matrix of a given case would largely depend on nature of the explanation 2015 0 Supreme(Bom) 1761. Even long delays can be condoned if genuine, but frivolous ones lead to rejection, regardless of length 2024 3 Supreme 504 2024 0 Supreme(Bom) 845.
Contrast this with cases where delays were condoned:- Applications citing non-intentional delays, like in
, where the delay needs to be condoned... the delay was not intentional.- In criminal appeals, a delay of was condoned vide order 2015 0 Supreme(Jhk) 791,- Jail authorities' delays excused in conviction appeals 2002 0 Supreme(All) 1369.
These highlight that while courts are liberal, they scrutinize intent.
No absolute right exists to condonation. Exceptions include:- Delays from deliberate neglect or frivolous reasons.- Grossly inordinate delays with motives 1994 0 Supreme(SC) 1409.
Courts must uphold process integrity. In consumer disputes, delays in complaints are assessed similarly, but maintainability under other laws can interplay
. In real estate cases, failures like non-delivery don't automatically condone party delays but emphasize timely action
.
To maximize chances of condonation:- Present genuine explanations: Back with material evidence, avoiding concocted stories.- Act diligently: Show utmost care, especially for long delays. As in 2017 0 Supreme(Mad) 163, litigants must come forward with justifiable reasons when an enormous delay... is involved.- Avoid negligence: Courts reject casual approaches.
Courts should:- Scrutinize explanations rigorously.- Refuse in cases to deter abuse.
In summary, while delay condonation advances justice, it cannot be extended to , fanciful, negligent, or inordinately unexplained cases. Delay cannot be condoned when the explanation is , fanciful, or demonstrates negligence or deliberate inaction 2024 3 Supreme 504 2024 0 Supreme(Bom) 845 1994 0 Supreme(SC) 1409. Courts wield discretion judiciously, prioritizing bona fides.
Key Takeaways:- explanations are key to success.- Inordinate delays demand strong justification.- Consult legal experts promptly to avoid pitfalls.
This post provides general insights based on judicial trends and is not specific legal advice. Laws and interpretations may vary by case; seek professional counsel for your situation.
Revenue Divisional Officer, Wanaparthy, was condoned. ... The impugned order clearly shows that the respondent No.2 without considering the counter filed by the petitioners herein in the dealy condonation petition, condoned the dealy of Six Years, Nine Months and thirteen days in filing the appeal against the ORC granted in favour of the petitioners. ... This Writ Petition is filed challenging the orders dated 19.02.2014 passed by the respondent No.2 in F2/06/2014 - F2/IA-30/2013, whereunder the dealy o....
review petition is condoned. ... Delay condoned. We do not think that the petitioners have made out a case for entertaining the review petition. The review petition stands dismissed. ... RAVINDRA BHAT By Circulation UPON perusing papers the Court made the following O R D E R Application for condoation of dealy in filing ... … RESPONDENT(S) O R D E R In view of the fact that, we are not inclined to entertain the revie....
Delay in filing the restoration application is condoned. ... The instant applications have been filed along with the prayer for condonation of dealy
Delay condoned. We are not inclined to interfere with the impugned judgment. Special Leave Petition is dismissed. Pending applications, if any, also stand disposed of. ... IA No. 134131/2022-condonation of dealy in refiling/curing defects and IA No.134135/2022-PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES ) Date : 10-10-2022 This petition was called ... REGISTRAR-cum-PS COURT MASTER (NSH) Digitally signed by DEEPAK SINGH Date: 2022.10.15 12:47:23 IST Reason: Signature #HL_ST....
In view of the dealy being condoned, the trial Court shall take up the application under Order 9 Rule 13 C.P.C and pass orders after hearing the parties. There shall be no order as to cost. ... Recording the fair submission of the learned counsel for the respondent, the instant Civil Revision Petition stands allowed and the delay is condoned.
These are the applications for condonation of dealy moved and for the reasons stated in the respective applications in para nos. 2 to 5, the delay needs to be condoned ... Morampalle, learned A.G.P. for the applicants / State submits that the delay was not intentional or p style="position:absolute;white-space
These are the applications for condonation of dealy moved and for the reasons stated in the respective applications in para nos. 2 to 5, the delay needs to be condoned ... Morampalle, learned A.G.P. for the applicants / State submits that the delay was not intentional or p style="position:absolute;white-space
These are the applications for condonation of dealy moved and for the reasons stated in the respective applications in para nos. 2 to 5, the delay needs to be condoned ... Morampalle, learned A.G.P. for the applicants / State submits that the delay was not intentional or p style="position:absolute;white-space
Delay in filing the acquittal appeal is condoned. ... Objections to the application seeking condonation of dealy stands learned Additional Sessions Judge, Kathua is in consonance with law or not
These are the applications for condonation of dealy moved and for the reasons stated in the respective applications in para nos. 2 to 5, the delay needs to be condoned ... Morampalle, learned A.G.P. for the applicants / State submits that the delay was not intentional or p style="position:absolute;white-space
I have heard Mr. R. Bharath Kumar, learned counsel for the petitioner and Mr. B. Vijay, learned counsel for the respondent. Whether this huge delay of 1112 days can be condoned in re-presentation of the application can be condoned or not?
This omission or inability militates with his stature as a diligent litigant propounding a public cause in such litigation. Had he acted with due vigilance, he could have attempted to stop change of user of subject plot and construction upon it. He could have also prohibited creation of third party interest and saved things from becoming irreversible. Obviously, this delay or latches can not be condoned.
2. Learned counsel states that the three co-convict of the appellant have filed their separate appeal bearing Cr.Appeal (DB) No.649/2011. The present appellant filed the instant appeal in 2014 with a dealy of 815 days which stands condoned, vide order dated 18.12.2014.
It also stated that facilities like water supply and sewerage were to be provided by the Municipal Corporation and not by PUDA and it had already deposited Rs.1,27,240 with Nagar Council, Phillaur for carrying out the works of sewerage and water connection. Therefore, if there was any dealy, it was not to be blamed. It next stated that complainant was still liable to pay Rs. 93,550 on 25.2.2004,so, complaint should be dismissed.
It was sent through the jail authorities on 14-9-2000. It was admitted on 21-7-2001 after the dealy was condoned.
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