Search Results for "condonation of delay"

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Search Results for "condonation of delay"

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Supreme Court

Supreme Court Expunges Adverse Remarks Against Appellant in Civil Appeal Over Delay Condonation and Review Application. The Court held that remarks by the High Court were unwarranted and directed their expunction, while also examining the restoration of a Second Appeal and imposition of costs under the Code of Civil Procedure, 1908.

25 Apr 2023

The Supreme Court dealt with appeals arising from Special Leave Petitions challenging a High Court judgment that included adverse remarks against the ...

Supreme Court

Supreme Court Allows Appeal in Debt Recovery Case on Limitation Issue - Section 5 of Limitation Act, 1963 Not Applicable to Appeals Under Section 30 of Recovery of Debts due to Banks and Financial Institutions Act, 1993. The Court held that the legislative intent expressly excludes Section 5, making the 30-day appeal period non-condonable, and overruled the High Court's reliance on an earlier precedent.

24 Nov 2021

The dispute arose from an appeal filed by a bank against an order of the Recovery Officer under the Recovery of Debts due to Banks and Financial Insti...

Supreme Court

Supreme Court Dismisses Review Petition in Civil Appeal Due to Absence of Error Apparent on Record. Review Jurisdiction Under Code of Civil Procedure, 1908, Order XLVII Not Invoked as Grounds Failed to Disclose Any Patent Error Justifying Interference with Earlier Dismissal of Special Leave Petition.

16 Nov 2021

The dispute originated from a civil matter where the High Court allowed a second appeal, restoring the trial court's judgment. The petitioner, Vimla D...

Supreme Court

Supreme Court Allows Appeal Against High Court's Dismissal of Second Appeal as Time-Barred, Condoning Delay of 650 Days in Specific Performance Suit. The Court held that the High Court erred in rejecting the condonation application without proper enquiry into the appellant's explanation of non-service of notice due to address change, applying a liberal approach under Section 5 of the Limitation Act, 1963.

8 Oct 2021

The dispute originated from a suit for specific performance of an agreement to sell dated 18.2.1998 concerning agricultural land. The trial court part...

Supreme Court

Supreme Court Dismisses Landlord's Appeal in Rent Control Case Upholding Condonation of Delay. High Court's Order Setting Aside Ex-Parte Eviction Decree and Remanding for Merits Was Found Without Error, as Delay of 175 Days Was Bona Fide Under Section 5 of the Limitation Act, 1963.

7 Oct 2021

The dispute arose from rent control proceedings initiated by the appellant-landlord against the respondent-tenants before the Rent Controller. The evi...

Supreme Court

Supreme Court Disposes Civil Appeal in Environmental Tribunal Matter Without Deciding Merits. Directs Appellant to File Review Application Before National Green Tribunal with Option for Condonation of Delay Due to Present Appeal Filing.

20 Sep 2021

The dispute originated from an order passed by the National Green Tribunal, Southern Zone, Chennai, which the appellant challenged before the Supreme ...

Supreme Court

Supreme Court Partially Allows Appeal in Civil Case by Modifying Costs Imposed by High Court. Costs Reduced to Rs. 3 Lakh with Direction for Payment Within Three Weeks, Failing Which Application for Condonation of Delay Would Be Dismissed.

20 Sep 2021

The Supreme Court heard a civil appeal arising from special leave petitions filed by Surya Educational and Charitable Trust against M/s Setia Builders...

Supreme Court

Supreme Court Dismisses Appellant in Insolvency Appeal Due to Statutory Limitation Bar. The Court upheld the NCLAT's refusal to condone a 44-day delay in filing an appeal under Section 61(2) of the Insolvency and Bankruptcy Code, 2016, ruling that Article 142 of the Constitution cannot override specific statutory time limits.

14 Sep 2021

The dispute arose from insolvency proceedings initiated by the State Bank of India against Dunar Foods Limited under Section 7 of the Insolvency and B...

Supreme Court

Supreme Court Dismisses Special Leave Petition Against High Court Order Condoning Delay in Appeal from Divorce Decree. Delay in filing appeal from Family Court decree under Special Marriage Act, 1954 is condonable under Section 5 of Limitation Act, 1963 as Section 29(3) excludes only original suits, not appeals, and special laws do not expressly exclude Sections 4 to 24.

23 Jul 2021

The Supreme Court dismissed a Special Leave Petition challenging a High Court order that condoned the delay in filing an appeal against a divorce decr...

Supreme Court

Supreme Court Allows Appeal in Consumer Dispute Over Delay Condonation, Setting Aside NCDRC Order Based on Prospective Application of Precedent. The Court Held That a Constitution Bench Judgment Operating Prospectively Cannot Be Applied to Dismiss an Application Filed Prior to Its Delivery, and Condoned a 7-Day Delay with Imposed Costs Under Consumer Protection Law.

8 Jul 2021

The dispute arose from a medical negligence claim filed by the respondent against the appellants, who are doctors. The appellants filed their written ...

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