condonation of delay in limitation act, 1908

execution. Where, however, appellant is able to establish that he acted in good faith in pursuing his appeal before wrong Court, such a case cannot be excluded from purview of S. 5, Limitation Act, 1908, for condonation of delay. Section 5 in The Limitation Act, 1963 states “Extension of prescribed period in certain cases. Condonation of Delay is the extension of the prescribed period in certain cases; the particular delay has been defined in Section 5. OF 2005 IN THE MATTER OF: An application under section 5 of the Limitation Act, 1908 for condonation of delay in filing revisional application AND IN THE MATTER OF: Mr. X Executive Vice President K Bank Limited Dilkusha […] The submission of Mr. Padmanabhan was that on a combined reading of Or. 21, R. 105 (4) and of S. 5 of the Indian Limitation Act, 1908, which the said rule expressly refers to, an application would lie for excusing the delay in seeking to set aside the dismissal of an application for delivery. Found inside – Page 135The second limitation to the power is that such extension can be granted only on sufficient cause being shown , a phrase often used in provisions for condonation of delay , such as s . 5 of the Limitation Act , 1908 . There can be no doubt that ... the provisions of the old Limitation Act, 1908 (as amended in 1922). and the said application for condonation of delay under Order. Condonation of delay :- Any appeal or application for a revision, a review of judgment or for leave to appeal or any other application, to which this Section may be made applicable by or under any enactment for the time being in force may be admitted after the period of limitation prescribed therefore, when the appellant or applicant satisfies the court, that he had sufficient cause for not preferring the appeal, or … In simple terms, Condonation is a discretionary remedy exercised by the Courts of Law wherein on an Application made before it by the party who wishes to have an Appeal/Application admitted after the prescribed period, pleads before the Court “a sufficient cause”, which hindered it to file the Appeal/Application on time. Answer: The general rule regarding the limitation period have been discussed in section 3 of The Limitation Act,1908 . Condonation of delay in filing a case for setting aside exparte decree — Whether delay will be deemed to have been condoned if the case is allowed on merit — The learned Subordinate Judge did not apply his mind to the question of limitation and there is no indication in the judgment that he was conscious about the limitation — so it cannot be said that the delay is deemed to have been condoned … However, parties may fail to file suit/appeal/revision/review/application within the time as prescribed by law. --- Limitation---Exclusion of time--- “Time requisite”--- Meaning---Condonation of delay--- Time requisite for obtaining copy of order within the contemplation of S.12 of the Limitation Act, 1908 means only the interval between the date of application for … Condonation of Delay finds its mention in Section 5 of the Act which elaborates upon Extension of prescribed period in certain cases. It preferred appeal and application and does not include suit as it is an exception to Bar of Limitation which is defined under the Act. 21, R. 105 (4) and of S. 5 of the Indian Limitation Act, 1908, which the said rule expressly refers to, an application would lie for excusing the delay in seeking to set aside the dismissal of an application for delivery. Application for condonation of delay was rejected. THE LIMITATION ACT (IX OF 1908) SECTION. Found inside – Page 779Delay - contd . waived his rights - See Specific perfor- advantage of Supreme Court having taken mance : PLD 1963 Kar . ... 32 . counsel - Not " sufficient cause " for condonation under S. 5 , Limitation Act , 1908 , - Inordinate delay ( 11 years ) ... Such an order is liable to be set aside. Found inside – Page 147Sufficient cause for condonation of delay in filing appeal.Dharam Chandra v . Navin Chandra ( 66 C.W.N. 902 ) is no longer a good law in view of the last proviso to section 19 which lays down that provision of section 5 of Limitation Act , 1908 ... 5 O. XXXVII R. 2 & 3 OF C.P.C.- Suit for recovery based on Promisory Note – delay in filing leave application on the ground that trial court was on leave for nine days due to Winter holidays – held – delay of every single day has to be explained sufficiently, otherwise, the object of summary proceedings will be defeated. Found inside – Page xixReview to BOR - Section 5 of the limitation Act 1908 not applicable Delay not to be condoned . 157 Delay in ... Grantee and his heirs had knowledge about cancellation of their grant much earlier No justification for condonation of delay . 38-42 ... It is axiomatic that condonation of delay is a matter of discretion of the court.Section 5 of the Limitation Act does not say that such discretion can be exercised only if the delay is within a certain limit.Length of delay is no matter, acceptability of the explanation is the only criterion.Sometimes delay of the shortest range may be uncondonable due to a want of acceptable explanation whereas in certain … 21, S. 151; Limitation Act (36 of 1963, S.5 – Proceedings arising under O. Found inside – Page 55132 : 1958 M. L. J. Cr . 790 . Dulan Dayal Singh v . Prasadi , 57 Cr . L.J.968 : A.I.R. 1956 All . 478 : 1956 A. W.R. 327 : 1956 A. L. J. 404 . --S . 417 ( 3 ) ( 4 ) —Limitation , Condonation of delay under S. 5 , Limitation Act - Limitation Act , 1908 , s . As a. matter of fact, the petitioner company being a Government. The implication of this pronouncement is that the CPC is a special law. Found inside – Page 321than three years prior to the filing of the applications , the applications for condonation of delay still survived and were heard . ... 120 of the Indian Limitation Act , 1908 , till the decision of this High Court referred to above , which was given on ... Principles regarding condonation of delay as per law of limitation in land acquisition - Matters. Found inside – Page 242... Held , could , in law , amount to sufficient cause under S. 5 , Limitation Act - Question , whether circumstances mentioned in S. 14 , Limitation Act do in fact exist so as to constitute sufficient cause for condoning delay in filing appeal - Held , for ... of the Commission against bis conviction along with an application for condonation of delay under section 65 - B of the ... Section 65 - B of the I. R. O. makes the provisions of section 5 of the Limitation Act , 1908 applicable in computing the ... The delay in filing of claim or enhancement with an application of condonation of delay is a common feature in all most all matters of land-acquisition. INTRODUCTION: The Limitation Act, 1963, of which the concept of Condonation of Delay is a component, was enacted on 5 th October, 1963, which came into force on, 1 st January, 1964. PLJ 1999 SC 208 = 1998 SCMR 2296. 32. [3] Surendramohan Ray v Mahendranath Banerji 1978 AIR 537. About some relevant terms 1. Found inside60, the provisions of Limitation Act, 1963 apply in determination of the ... Delay— For comments on delay, sufficient cause and condonation of delay ... O. XXXVII R. 2 & 3 OF C.P.C. If The term ‘condonation of delay’ is characterized under Section 5 of the Limitation Act in the event of offers. CONDONATION OF DELAY The basis of the principle of condonation of a delay, that has managed to creep into the due process of litigation in any matter, relates to Section 5 of The Limitation Act, 1963. Found insideThe Central Excise Act, 1944 is a complete code and the provisions of ... only the limitation period but also the period during which a condonation of delay ... Found inside – Page 2509S . 18 - - - Civil Procedure Code ( V of 1908 ) , Ss . 15 & 115 - - - West Pakistan Civil Courts Ordinance ( II of 1962 ) , S . 18 ... Limitation Act ( IX of 1908 ) , Ss . 5 & 14 - - - Delay in filing appeal before proper forum - - - Condonation of delay ... Condonation of delay is the extension of the prescribed period in specific cases. Condonation of delay in seeking to set aside ex parte order: Section 5 of the present Limitation Act, 1963, states that any appeal or any application under any of the provisions of Order 21, Civil Procedure Code, 1908, may be admitted after the prescribed period if the appellant or the appellant satisfies the Court that he had sufficient cause for not preferring the appeal or making the application … 1.2 Scope of Section-5 of the Limitation Act, 1908: Condonation of delay is the extension of the prescribed period in specific cases. Found inside – Page 4Jurisdiction of court to consider question of limitation Law of limitation is not meant to ... Condonation of delay In the present case , it was 4 [ Sec . Found inside – Page 15Limitation Act , 1908concld . ---- S . 5 --- Condonation of delay --- Plea for condoning delay could only be looked into where delay of each day bad been calculated and explained ; in absence whereof , Court was not bound even to take into ... LIMITATION ACT, 1908 (IX OF 1908) Sections— 3, 5 and Article 164. Found inside – Page 4... suit.26 An order rejecting a memorandum of appeal , or dismissing an appeal following the rejection of an application under section 5 of the Limitation Act ( for condonation of delay in preferring the appeal ) is not a decree within the meaning ... [4] ibid. According to section 28 of the limitation Act, extinguishment of right to property: At the determination of the period hereby limited to any person for instituting a suit for possession of any property, his right to such property shall be extinguished. The expiry of such time period leads to … But a cause to be sufficient within the meaning of the section must be a cause beyond the control of the party invoking the aid of the section. Where, however, appellant is able to establish that he acted in good faith in pursuing his appeal before wrong Court, such a case cannot be excluded from purview of S. 5, Limitation Act, 1908, for condonation of delay. Where, however, appellant is able to establish that he acted in good faith in pursuing his appeal before wrong Court, such a case cannot be excluded from purview of S. 5, Limitation Act, 1908, for condonation of delay. But it is a different matter when the first Court refuses to condone the delayLimitation Act… Section 5 of Limitation Act, 1908 provides that on sufficient cause being shown an application can be admitted by the court even after the period of limitation has expired. CONDONATION OF DELAY What are the principles of condo nation of delay? Previous: Injured was semi skilled. Condonation of delay and adverse possession. Found inside – Page 63The appellants have also filed application for condonation of delay u / s 65 - B of IRO , 1969 read with Section 5 of the Limitation Act , 1908 where stand was taken that the impugned orders dated 7-6-1995 and 25-6-1995 were not announced ... Found inside – Page 208Sub - section ( 6 ) of section 9 of the Act provides that section 5 of the Indian Limitation Act , 1908 shall apply to ... on the day on which satisfactory proof of payment of admitted tax is produced , but subject to the condonation of delay , by the ... The submission of Mr. Padmanabhan was that on a combined reading of Or. After that, the defendant-appellant being aggrieved by the order of the appellate court preferred the instant Civil Revision followed by a petition for condonation of delay for 259 days under section 5 of the Limitation Act,1908. An application under section 5 of the Limitation Act, 1908 for condonation of delay DISTRICT: DHAKA IN THE SUPREME COURT OF BANGLADESH HIGH COURT DIVISION (CRIMINAL REVISIONAL JURISDICTION) CRIMINAL REVISION NO. In India, the Limitation Act 1908 was replaced by the Limitation Act 1963. Condonation of delay condonation of delay is a matter of discretion of the Court. Section 5 of Limitation Act, 1908 provides that on sufficient cause being shown an application can be admitted by the court even after the period of limitation has expired. Introduction. Section 5 is an enabling provision for condonation of delay in case of any appeal or application other than the applications under the provisions of order 21 of C.P.C. The Civil Court in absence of any express power cannot condone the delay. As a Provisions as to barred or pending suits, etc. The Limitation Act prescribes: a) The time limit to sue b) How and when a right will be extinguished c) How and within what time a legal right can be accrued. Section 5 in The Limitation Act, 1963 states “Extension of prescribed period in certain cases. The expression "sufficient cause" in section 5 of the Limitation Act should receive a liberal construction so as to advance substantial justice. The Act postulates time-limits for different suits and mentions the time period within which a suit, appeal or application can be instituted. Limitation Act CONDONATION OF DELAY Q:What are the principles of condonation of delay? DISCLAIMER:All the information on this Channel (Law and Practice) is published in good faith and for general information purpose only. Found inside – Page 29F.J.R. 379 , in which the condonation of delay was refused under the second proviso to section 15 ( 2 ) of the Payment of ... period prescribed by article 102 of Schedule I to the Indian Limitation Act , 1908 , does not appear to us sustainable . Found inside – Page 52LIMITATION ACT , 1908 S. 5 - Extension of time - Sufficient cause - Conflict of decisionThe Court held that the High Court ... S. 5 - Condonation of delay in filing appeal ... 4 52 Limitation Act, 1908 52-74 risation Act (5 of 1947) Limitation Act, 1963. According to this Section once the time limitation begins to run, it runs continuously and without any break or interruption until the entire prescribed period has run out and no disability or inability to sue accruing subsequently will stop it running. Found inside – Page 355LIMITATION ACT ( 1908 ) , S. 28 . ... Where a person having no title remained in possession of the suit house for a period of twelve years , his possession was ... 378 S. 5 Applicability Setting aside abatement Condonation of delay Principles . Sufficient cause. Condonation of delay is a doctrine mentioned in the Limitation Act, 1963. —Any appeal or any application, other than an application under any of the provisions of Order XXI of the Code of Civil Procedure, 1908 (5 of 1908), … (B) Civil P. C. (5 of 1908), O. It preferred appeal and application and does not include suit as it is an exception to Bar of Limitation which is defined under the Act. The Doctrine of Condonation of delay doesn’t apply to execution proceedings as it deals with the Criminal Cases. The Limitation Act, 1908 was repealed by the Third Law Commission and the Limitation Act of 1963 came into force. Post navigation. Next: Civil Procedure Code, 1908,0.26 R.9 Local Commissioner-Appointment of [Repealed] THE SCHEDULE— Periods of Limitation MODEL SPECIMENS • Affidavit to Condone Delay in Setting Aside ex parte Order • Affidavit Accompanying the Application to Condone the Delay in Filing an Application to Set Aside an ex parte Order What does Condonation mean, in context of the Limitation Act? But as a prerequisite, the applicant has to satisfy the court that he had sufficient cause in not preferring the appeal within the stipulated period. The delay may be condoned if it is sought in the application itself by showing sufficient cause therefore. Corporation is bound to follow the rules and regulations as it is. Condonation of delay may be refused when there is exceptionally inordinate delay. - Preamble of the Act - Parliamentary Bill 2. Found inside – Page 529... as their of the Indian Limitation Act , 1908 , have been evidence was essential to prove the stand of made applloable to the appeals Aled under the workers that the strike was not illegal . Cl . ( 4 ) . The condonation of delay is a matter It was ... Found inside – Page 191Present The Hon'ble Mr. Justice D. P. Hiremath Civil Procedure Code 1908 , Order 22 , Rules 4 and 94 imitation Act ... the Judge being on leave or application filed perhaps in office Application for condonation of delay filed later objected ... It was on 27-3-1984 that I.A. IV was filed by the appellant under Section 5 of the Limitation Act for condonation of delay in applying for setting aside the abatement Vol . Limitation Act applies to all general laws unless specifically excluded by any statute. Found inside – Page 211Held , that during the period prior to January , 1964 , when Limitation Act , 1908 was in force , Article ... or may not condone the delay under section 5 of the Act . ( Paras 4 and 51 Held , that whether the case requiring condonation of delay for ... [5] The law of limitation in Pakistan is governed by the Limitation Act 1908. Found inside1940 Act. The complete section is reproduced as follows: Section 32. ... for condonation of delay is given under Article 5 of the Limitation Act 1908, ... Found inside – Page 244Section 5 of Limitation Act , 1963 provides for extension of prescribed period of ... The discretion to condone the delay is to be exercised judicially i.e. ... Found inside – Page 146Period of limitation stands extended , by 23. Which of the following is a leading case virtue of Section 6 of the Limitation Act on condonation of delay for ... Found inside – Page 267Limitation Act (IX of 1908), S. 5 & Art. 168. Maxim: nullus commodum capere potest de injuria sua propria: No one can ... Limitation. Condonation of delay. No justification for condonation u/s.23 9 days after period of Limitation... found inside – Page 1449TATION (... 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