Home       Top Rated       Submit Article     Advanced Search     FAQ       Contact Us       Lawyers in India       Law Forum     RSS Feeds     

Register your Copyright Online

We offer copyright registration right from your desktop click here for details.

Latest Articles | Articles 2014 | Articles 2013 | Articles 2012 | Articles 2011 | Articles 2010 | Articles 2009 | Articles 2008 | Articles 2007 | Articles 2006 | Articles 2000-05

Search On:Laws in IndiaLawyers Search

Mutual Consent Divorce in Delhi
We provide fast, cost effective and Hassle free solution.
Contact us at Ph no: 9650499965 (Divorce Law Firm Delhi)
File Caveat in Supreme Court
Contact Ph no: +9650499965

Main Categories
 Accident Law
 Animal Laws
 Arbitration
 Aviation Law
 Bangladesh Law
 Banking and Finance laws
 Case Laws
 Civil Laws
 Company Law
 Constitutional Law
 Consumer laws
 Contracts laws
 Criminal law
 Drug laws
 Dubai laws
 Educational laws
 Employment / Labour laws
 Environmental Law
 family law
 Gay laws and Third Gender
 Human Rights laws
 Immigration laws
 Insurance / Accident Claim
 Intellectual Property
 International Law
 Juvenile Laws
 Law - lawyers & legal Profession
 Legal Aid and Lok Adalat
 Legal outsourcing
 Media laws
 Medico legal
 Miscellaneous
 Real estate laws
 Right To Information
 Tax Laws
 Torts Law
 Woman Issues
 Workplace Equality & Non-Discrimination
 Yet Another Category

More Options
 Most read articles
 Most rated articles

Subscription
Subscribe now and receive free articles and updates instantly.

Name
Email




Published : June 08, 2013 | Author : nitish788
Category : Civil Laws | Total Views : 27093 | Rating :

  
nitish788
Advocate Nitish Banka, advocate supreme Court of India. nitish@lexspeak.in
 

Condonation of Delay in case of Appeals

Section 5 of the Limitation Act deals with condonation of delay in case of appeal. Since the limitation period for appeals is very short, this section is then introduced to meet the end of justice such that the purpose of justice is not defeated merely because there is “sufficient cause” is present due to which an appeal was not preferred. This section extends the limitation period.

The word “sufficient cause” is an important phrase in this section. Since the section is not a matter of right for the party who pleads the condonation, but it depends on the discretion of the court. The court must be satisfied that the delay is caused due to a genuine reason. It is sufficiency of the cause which counts, and not length of delay - Expression "sufficient cause" should receive a liberal construction - As regards delay on the part of State, certain amount of latitude is not impermissible - Expression "sufficient cause" should be considered with pragmatism in justice oriented approach rather than technical detection of sufficient cause for explaining every day's delay - Matter remitted to High Court to decide the criminal revision on merits - Suggestions made to prevent delay in State litigation - Administration of justice – [State (NCT Of Delhi) Vs Ahmed Jaan  August 12, 2008]

Now the question arises what can be the “sufficient cause” which the court accepts-:

* Illness it is the sufficient cause when it is proved without the reasonable cause that the appellant was not able to file an appeal.

* Imprisonment-The imprisonment of the appellant can be a sufficient cause.

* Ignorance of law can also be a one of the reason but it should be bonafide.

* Mistake of fact-It should be real and unintentional.

* Delay in obtaining copies of judgement can be sufficient cause also this reason is also covered in section 12.

* Poverty, Infancy, Pardah

* Mistake of Counsel-mistake by counsel which is not negligence.

But to enjoy the benefit of section 5 There should be no negligence due to inaction of the party is a prerequisite, also length of delay is not a matter of concern but reasonable explanation why the delay has occurred is the subject matter of this section.

In the end the court prefer liberal approach in favour of justice and favour only reasonable excuses to condone any delay in filing an appeal .However the court must be convinced beyond reasonable doubt that the delay was genuine and it must be condoned in favour of justice. Also there should be absence of negligence in order to make the cause reasonable.
~~~~~~~~~~~~~~~

By-:Nitish Banka (Legal Consultant based in New Delhi)
Ph no -9891549997 / Mail-nitish@lexspeak.in

:www.lexspeak.in 

 

The  author can be reached at: nitish788@legalserviceindia.com




1 2 3 4 5
Rate this article!     Poor
Excellent    

Most viewed articles in Civil Laws category
• Jurisdiction Of Civil Court Under Civil Procedure Code
• Order 37, CPC, Summary Suits
• Condonation of Delay and Law of limitation
• Who can be a trustee & beneficiary of a trust under Indian Trust Act 1882
• Protection against eviction and fixation of fair rent
• Definition & concept of property
• The Law Relating To Injunctions
• The Deed Of Gift
• Succession Certificate
• Significance of Lok Adalats in present scenario.
• Promissory Note in India
• Execution of A Will
• Caveat Petition
• Vicarious Liability of State in Sovereign Functions
• What Deeds Are To Be Registered Compulsorily
• Agency By Estoppel
Most recent articles in Civil Laws category
• How to Generate and Execute a Power of Attorney
• Transfer Petition in Supreme Court of India-All about
• Section 63 and 63-1A of the Maharashtra Tenancy and Agricultural Lands Act
• Restitution W.r.t. to Civil Procedure Code 1908
• Caveat Petition
• Family Arrangements In India
• Strengthening Civil Society
• Limitations in CPC-Execution of Foreign Judgments in India
• Jurisdiction of Civil Court and Place of Suing
• Disposal of Civil Cases: Perestroika
• Can the doctrine of lis pendens prevail over the rule of res judicata
• Sale of Immovable Property
• Promissory Note in India
• Suit For Specific Performance of Contract in India
• Condonation of Delay in case Appeals
• Order 37, CPC, Summary Suits

Article Comments

Posted by v.srinivas on October 24, 2016
Declare as a cultivate tenant.He approche the court, suti file the land lords.He defeated.(suti file the single person).After he file ATA after filing ATA he died. after 160 days His Legal representatives application to court . Court accepted the legal representatives application are not

Posted by s. mishra on July 31, 2013
i want to know of limitation time for non notified co-shearer land owner from applet side

Posted by Ramesh Kumar Veeramalla on June 12, 2013
Sir we got an injuntion order stating that not to stop our drinage
water, not to construct a wall, not to occupy ,and the defandant is
ordered to appear court on 28/03/13. violating the court order he done
all the above things which should not be done.we approached police but
corruption and influence has upper hand in police station.our drinage is
blocked. No other option to our drinage to turn temporarily also not
having muncipal drinage in front side of our house. Left is defandants
shed and place right is others house.our lawyer told that as defandant
is having time till 28 of this month and as we got injunction one sided
we have to fight in police station or take illeagal actions against him
that we should also inturrupt the defandant work.is this way correct?
Please suggest me right way to proceed. Thank you sir
Ramesh veeramalla


Welcome!
Please login or register a new free account.

Random Pick
The mere sound of the word ‘terrorism’ generates a sense of fear in us. In the last decade, the rate of terrorist activities across the world has increased by leaps and bounds....

Statistics
» Total Articles
1630
» Total Authors
4890
» Total Views
22847206
» Total categories
42

Law Forum


Legal Articles

Lawyers in India- Click on a link below for legal Services

lawyers in Chennai
lawyers in Bangalore
lawyers in Hyderabad
lawyers in Cochin
lawyers in Pondicherry
lawyers in Guwahati
lawyers in Nashik

lawyers in Jaipur
lawyers in New Delhi
lawyers in Dimapur
lawyers in Agra
Noida lawyers
lawyers in Siliguri

For Mutual consent Divorce in Delhi

Ph no: 9650499965
For online Copyright Registration

Ph no: 9891244487
Law Articles

lawyers in Delhi
lawyers in Chandigarh
lawyers in Allahabad
lawyers in Lucknow
lawyers in Jodhpur
Faridabad lawyers

lawyers in Mumbai
lawyers in Pune
lawyers in Nagpur
lawyers in Ahmedabad
lawyers in Surat
Ghaziabad lawyers

lawyers in Kolkata
lawyers in Janjgir
lawyers in Rajkot
lawyers in Indore
lawyers in Ludhiana
Gurgaon lawyers

TOP

India's Most Trusted Online law library
Legal Services India is Copyrighted under the Registrar of Copyright Act ( Govt of India) © 2000-2017
 ISBN No: 978-81-928510-1-3