2 edition of Law on condonation of delay found in the catalog.
Law on condonation of delay
|Statement||Siddiqur Rahman Miah.|
|The Physical Object|
|Number of Pages||184|
|LC Control Number||2010316245|
A. Condone the delay if any in filing the instant Special Leave Petition against the impugned Judgment and Order dated passed by the Honorable High Court of at in Writ Petition No._____ of B. Pass any further Orders this Honorable Court may deem fit in . Condonation of delay is the remedy provided to the parties if they fail to approach the court during the limit that the law has provided to them. This remedy is exercised at the discretion of the court.
Condonation of Delay for Charges under Companies Act, Check Condonation of Delay for Registration of Charges, This article is about the procedure to be followed when the assessee has delayed in filing and registering the charges with the relevant authority and now he wants the extension of time period. Condonation of delay in filing Form 10 to be allowed if assessee granted sec. 12AA registration with retro-effect Octo  (Madras)/ Taxman (Madras) Views.
It is trite law that an applicant should file an application for condonation without delay. 1 Instead the applicant waited another four months before it applied for condonation. This is unacceptable. This is unacceptable. By Ranjana Meharda, National Law University, Jodhpur. One of the most vexed and worrying problems in the administration of civil justice is of delay.  Delay in disposal of cases can cause severe problems in the justice delivery system of the country, including blurring of memory and difficulty in presentation of evidence.
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Condonation of Delay Scheme appeared on 29th December to give one last chance to the executives of the defaulting organizations who because of the reason of non-filing of financial statements and annual returns were held liable and disqualified.
The default with the registrar of the organizations proceeds for a long : Mimansa Pujari. Abstract. Condonation of Delay is the extension of the prescribed period in certain cases; the particular delay has been defined in Section 5.
It preferred appeal and application and does not include suit as it is an exception to Bar of Limitation which is defined under the : Surabhi Sharma. For the purpose of condonation of delay, in the absence of the applicability of the provisions of Section 5 of the Limitation Act, the court cannot invoke its inherent power.
The government departments are under a special obligation to ensure that they perform their duties with diligence and commitment. Condonation of delay is an exception and should not be used as an anticipated benefit for the government departments. The law shelters everyone under the same light and should not be swirled for the benefit of a few.
Condonation of Delay Scheme, Posted on Decem by CS Sushil Choudhary Companies registered under the Companies Act, (or its predecessor Act) are inter-alia required to file their Annual Financial statements and Annual Returns with the Registrar of Companies and non-filing of such reports is an offence under the said Act.
The defaulting company after filing documents under this scheme, shall seek condonation of delay by filing form e-CODS attached to this scheme along with a fee of 30,/- (Rs. Thirty Thousand only) as prescribed under the Companies (Registration Offices and Fee) Rules, well before the last date of.
Section 5 of the Act pertains to condonation of delay wherein an extension may be granted by the courts if a party is able to satisfy that they had sufficient cause for not preferring an appeal or making an application within a period. Hence, burden of proof is on the party seeking condonation.
Through their judgment of the case, University of Delhi v. Union of India & Others, delivered on DecemJustice R. Banumathi, Justice A.S Bopanna and Justice Hrishikesh Roy, at the Supreme Court, have Ruled in no uncertain words, that while considering condoning delay ultimate consideration should be to render even-handed justice to the parties, though by and large, a liberal.
CONDONATION APPLICATION  Condonation is not a mere formality and is not to be had “merely for the asking”.2 What is required is an explanation not only of the delay in the timeous 1 S 17(2)(a) of the Superior Courts Act.
2 Uitenhage Transitional Local Council v South African Revenue Service (1) SA (SCA) at para .File Size: KB. That in this way there is a delay of only 5 days for which an application under Section 5 of the Limitation Act has been filed along-with memorandum of appeal.
That delay in filing the appeal is because of illness of the deponent for which deponent cannot be held responsible. In para of Company Law Committee report provides that “The Committee also felt that it may be clarified (in the Rules) that, irrespective of the delay, obtaining condonation of delay is not a pre-requisite to filing a document.
It is a separate process. The condonation of delay extends the limitation period. The limitation period is a period within which a judicial process can be initiated. The limitation period for appeals is very short so the section of condonation was introduced to bring justice for those whose appeal was not preferred due to the presence of sufficient cause.
"Delay is the deadliest form of denial" the Law of Delay is as inevitable as the Law of Gravity, an interesting book to light up my view on society in recent history. Funny to see how the beards have made their comeback a few times since /5(5).
‘ [T] here is a further principle which is applied and that is that without a reasonable and acceptable explanation for the delay, the prospects of success are immaterial, and without good prospects of success, no matter how good the explanation for the delay, an application for condonation should be refused.’.
Condonation of delay: The Income Tax Act provides that under normal circumstances and with a substantial question of law [section A(2)], an appeal against the order of CIT(A) to ITAT needs to be filed within 60 days from date of receiving order [section (3)] and an appeal to be filed before High Court has a limitation period of days.
In the event limitation period expires, appeals. No Condonation Of Delay In Payment Of Rent For Wilful Defaulters: SC [Read Judgment] 12 May AM GMT No Intra-Court Appeal Against Condonation Of Delay. Gujarat High Court: A Single Judge Bench comprising of S.H. Vora, J. allowed the condonation of delay as the sufficient cause stands justified.
The petitioner has filed an application under Section 5 of the Limitation Act, for condonation of delay of days caused in filing the criminal appeal against the judgment passed in the POCSO Act. Condonation of Delay and Assurance of Justice: An overview Kalim Ullah Lecturer, Department of Law, International Islamic University Chittagong Abstract Law of Limitation is based on the legal maxim “Interest Reipublicae Ut Sit Finis Litium” that means it is for the general rule of.
delay in filing any document to the Registrar; In the aforesaid cases, the Central Government may condone the delay after recording the reasons in writing. Accordingly, companies can file e-Form CG-1 accompanied by an application with the Registrar of Companies (RoC) in.
J&K Limitation Act, S. 3 – Condonation of delay - Sufficient cause - What amounts to - On the facts of the case, held that the cause shown was reasonable and satisfactory - Delay condoned.
The expression "sufficient cause" in section 5 of the Limitation Act should receive a liberal construction so as to advance substantial justice. "The consideration for condonation of delay would not depend on the status of the party namely the Government or the public bodies so as to apply a different yardstick but the ultimate.If the period of delay is short and there is an unsatisfactory explanation but there are reasonable prospects of success, condonation should be granted.
However, despite the presence of reasonable prospects of success, condonation may be refused where the delay is excessive, the explanation is non-existent and granting condonation would prejudice the other party.an explanation which covers the full length of the delay.
The mere listing of significant events which took place during the period in question without an explanation for the time that lapsed between these events does not place a court in a position to assess the explanation for the delay.
This amounts to nothing more than a recordal of dates.