condonation of delay under limitation act
Delay condonation under s.138 of NI Act. Found insideAfter setting out the entire facts and law, the Supreme Court held, ... a party may file an application under Section 5 for condonation of delay, ... Found inside – Page 308... which makes provisions for condonation of delay and simultaneously imposes restrictions of exercise of such powers, the Limitation Act would have ... Found inside – Page 193Therefore the delay in filing the application for setting aside the abatement was for the reasons aforesaid and bonafide . ... still then it does not in any way assist the plaintiff - Manager to make it a ground for condonation of delay inasmuch as in his own affidavit he ... not be accompanied by an application under Section 5 of the Limitation Act or to put it in other words an omission to file an application under ... Supreme Court in Ghanshyam Das v.Anant Kumar Sinha dealing with provision of the code relating to execution of decree and orders, stated, “ so far as the question of executability of a decree is concerned, the Civil Procedure Code contains elaborate and exhaustive provisions for dealing with it in all aspects. As held by the Hon’ble Supreme Court in Anurag Mittal v.Shaily Mishra Mittal reported in (2018) 9 SCC 691, the object of Section 15 of Hindu Marriage Act is to provide protection to the person who had filed an appeal against the decree of dissolution of marriage and to ensure that such appeal was not frustrated. 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. This application was accompanied by an application for condonation of delay under Section 5 of the Limitation Act. Meanwhile the Respondent moved an application to set aside an award under Section 34(3) of the Act with a delay of 236 days. Section 5 of the Limitation Act does not say that such discretion can be exercised only if the delay is within a certain limit. Found inside – Page 569¶20-090 Applicability of Limitation Act, 1963 By virtue of the section 43 of ... delay in filing the application for setting aside the award under section ... Found inside – Page 244Section 5 of Limitation Act , 1963 provides for extension of prescribed period ... for condonation of delay under Section 5 of Limitation Act . Reference in ... In the instant case, the petitioner had filed an application under Section 34(3) of the Arbitration Act read with Section 151 of the Code of Civil Procedure, 1908 seeking condonation of delay. In India, the Limitation Act 1908 was replaced by the Limitation Act 1963. 2. Electricity Department (2016 (16) SCC 152) held as follows "Since, the Supreme Court cannot condone the delay beyond 60 days under Section 125 of the Electricity Act… Condonation of delay may be refused when there is exceptionally inordinate delay. Found inside – Page 4981 , under section 5 of the Indian Limitation Act read with section 151 C.P.C. , praying for the condonation of delay of two days in filing the Election Petition . In the body of the affidavit filed in support of such application , the petitioner has inter ... Found inside – Page 428However , in the meanwhile , an application for condonation of delay under section 5 of the Limitation Act was purported to have been filed by the department . I have seen the copy of the application filed under section 5 of the Limitation Act by ... Guidelines for delay condonation in appeal, acceptance of form 314 and rectification of assessment order by the nodal officer under the MVAT Act 2002 vide Trade Circular No. The Supreme Court held that the period of limitation under section 7 of the Code commences from the date of default and it can be extended only through application under section 5 of the Limitation Act, if any case for condonation of delay is made out. Where the subject matter of the dispute is less than the specified value, articles 116 and 117 of the Limitation Act shall apply. “A delay in filing an appeal under Section 17 of the SARFAESI Act can be condoned by filing an application under Section 5 of the Limitation Act, 1969″ Case 2: R.R Gopaljee vs Indian Overseas Bank & Ors. The Rent Controller being a creature of statute can only act in terms of the powers vested in him by statute and cannot, therefore, entertain an application under Section 5 of the Limitation Act for condonation of delay since the statute does not vest him with such power. Condonation of delay is a matter of discretion of the Court. Found inside – Page 269When objections were raised on the ground of limitation , the respondent filed the application for condonation of delay . ... Learned Counsel contended that no persons should be deprived to the recourse of a remedy under law on account of ... Found inside – Page 72The question arose whether the claim was barred by limitation ? The condonation of the delay by the Authority was made under the Act . Order of condonation ... In other words, an application for setting aside the abatement has to be treated at par and the principles enunciated for condonation of delay under Section 5 of the Limitation Act are to apply para materia. The Income Tax Department appeals to taxpayers NOT to respond to such e-mails and NOT to share information relating to their credit card, bank and other financial accounts. Having said so, the Supreme Court then determined whether Section 5 of the Limitation Act would apply to Section 13 of the CC Act. 18. 08 T of 2020 dated 25/05/2020. There is no specific provision in the Income Tax Act providing for a limitation period for filing a condonation delay request. Found inside – Page 141She did not lead any evidence as to any custom under which her divorce by ... 5 of the Limitation Act , 1963 for condonation of delay be termed as ... Found insideLimitation period to make the payment, is in the nature of absolute right granted to the ... can he make an application for condonation of such delay? Whether the cause shown is sufficient or not depends on the judicial discretion of the court. Found inside(j) (i) With reference to a prayer for condonation of delay, ... Court to exercise the discretion under Sec.5 of the Limitation Act is to ascertain whether ... These provisions explain, in detail, the duration of limitation, when it starts, when it ends and what happens if the case is not filed within the limitation period. Found inside – Page 58515 ( 5 ) Scope Revision petition under No period of limitation prescribed Question of condonation of delay under Ss . 5 and 14 , Limitation Act , 1963 does not arise . Held , that since no period of limitation is provided for filing a Revision petition ... Law of Limitation in India The word limitation itself says the meaning. Found inside – Page 29Special Land Acquisition Officer , Bangalore , 1 the contours of areas of discretion of the matters of condonation of delay under Section 5 of the Limitation Act was pointed out . The Section 5 has to be interpreted in a justice oriented way and ... An appeal under Section 377 must be filed by the State within a period of 60 days and the contention of the State that it was under a mistaken belief that period of limitation is ninety days would be no excuse for condonation of the delay. 1. Section 5 of the Limitation Act does not say that such discretion can be exercised only if the delay is within a certain limit. Found inside – Page lii... of 1968 ) --Conidi S. 16 read with Limitation Act ( IX of 1908 ) , S. 5-Appeal - Condonation of delay- Appeal filed before ... by High Court and also praying for condonation of delay under S. 5 , Limitation Act , 1908 -- No explanation given as to ... 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. Valuation Valuation under section 15 of the CGST Act, 2017 read with rules 27-35 of the CGST Rules, 2017 with specific focus on: ... condonation of delay and other miscellaneous applications, relief that the ... Ø Limitation Act, 1963 Ø Sale of Goods Act, 1930 Ø Indian Contract Act, 1930 2 hours Found insideAppeal and the Limitation Period The appeal should be filed within the ... barred by limitation period, application for condonation of delay may be filed, ... 3. Condonation of delay. Section 5 application would be decided first, your case would proceed further, only after Section 5 application is allowed and delay is condoned by the court. At present, the matter is pending for adjudication by the JHC. There is an enabling provision under section 119(2)(b) of the Income Tax Act, under which the CBDT grants certain power to … In this article, Shamayem Fasih pursuing Diploma in Entrepreneurship Administration and Business Laws from NUJS, Kolkata, does an overview of Limitation Act, 1963. The Income Tax Department appeals to taxpayers NOT to respond to such e-mails and NOT to share information relating to their credit card, bank and other financial accounts. Act, 1986/ This appeal being, barred by limitation, is accompanied by an application for condonation of delay for consideration by the Commission, as per rules ----- of the Consumer Protection Rules of ----- State (delete whichever is not applicable). Found insideIt was submitted that the logic of Section 5 of the Indian Limitation Act, 1963 (in short the Limitation Act) can be availed for condonation of delay. No. As the second period of 45 days provided under section 421(3) of the Act is a special inbuilt kind of section 5 of the Limitation Act, 1963 which lays down that beyond the second period of 45 day, there can be no further condonation of delay. Application for condonation of delay was rejected. Found inside – Page 1210Containing a Detailed Introduction to Various Concepts Under Income-tax Law, Examples on Provisions Relating to Relevant Income and Illuminating & Enlightening Commentary on ... 5 of the Limitation Act for condonation of delay under s . Condonation is granted for the late filing of the written submissions of the third, fourth and seventh respondents. (a) Discuss the guiding principles for condonation of delay laid down by the courts in different cases under section 5 of the Limitation Act, 1963. The Income Tax Department NEVER asks for your PIN numbers, passwords or similar access information for credit cards, banks or other financial accounts through e-mail.. Found inside – Page 8In particular , overriding application of this Act over all laws makes this time frame mandatory and provision of condonation of delay under Limitation Act , 1908 becomes inapplicable under the former . In fact , interpretation of this provision of ... Found inside – Page 1867For obtaining condonation of delay under S. 5 , Limitation Act , it is necessary that the party should make it clear how and when he got the information of the decision and how much delay he wants to be condoned and on being satisfied about ... The expiry of such a period of time leads to the termination of the remedy of the aggrieved party. Condonation of Delay gets featured in section 5 of the Limitation Act,1963 which enumerates on the lengthening the prescribed period in certain cases. Condonation of delay: The Income Tax Act provides that under normal circumstances and with a substantial question of law [section 260A(2)], an appeal against the order of CIT(A) to ITAT needs to be filed within 60 days from date of receiving order [section 253 (3)] and an appeal to be filed before High Court has a limitation period of 120 days. ii). SCI overrules the NV Case Important observation of Supreme Court in the Case of Collector, Land Acquisition, Anantnag Vs Mrs Katij AIR 1987 SC 1353 regarding Condonation of delay That's a bit about Section 5 of Limitation Act which deals with extension of prescribed period in certain cases. v. R.S. The Court went one step further and said that even if power of condonation of delay by virtue of Section 29(2) of the Limitation Act was held not to be applicable, the proviso to section 20(3) of the RDDB Act would be applicable by virtue of Section 18(2) of the SARFAESI Act anyway. [4] ibid. You'll have to file a separate application under Section 5 of the Limitation Act seeking condonation of delay. However, the learned Trial Court rejected the application under Section 5 of the Limitation Act and observed that since the High Court, while disposing of the CM (M), had not commented on limitation, no ground for condonation of delay was made out. Condonation of a breach enhances the probability. It is axiomatic that condonation of delay is a matter of discretion of the court. Found inside – Page 486... is more than 3 years from the date of default. further the Petitioner has neither prayed for condonation of delay under Section 5 of the Limitation Act, ... In the light of the above, it is to be seen whether the explanation given by the respondent for condonation of more than 7 years and 3 months delay was satisfactory and whether the learned Single Judge of the High Court had correctly applied the principles laid down by this Court for the exercise of power under Section 5 of the Limitation Act. Found inside – Page 82... of an authority under the Act , after the prescribed period of limitation ... Act is a special statute and there is provision for condonation of delay ... Ltd. stated that appeals that are filed under Section 37 of the Arbitration and Conciliation Act, 1996 and are governed by the Limitation Act, which states that an appeal under the said Section cannot be filed after a delay of 30 days, 60 days or 90 days, respectively was finally overruled. The application of the Limitation Act to proceedings under the Insolvency Code has created a new controversy altogether. Length of delay is no matter, acceptability of the explanation is the only criterion. Fee for Rs.5,000/- for making Consumer Complaint (Demand Draft in favour of “The Registrar, NCDRC, New Delhi”) Note : 1. [3] Surendramohan Ray v Mahendranath Banerji 1978 AIR 537. 2. Section 34 of the Act is based on Article 34 of the UNCITRAL Model Law and the scope of the provisions for setting aside the award is far less than it was under the Sections 30 or 33 of the 1940 Act. V. Limitation under Special laws How Affected. The application under Section 15(2) of the Act was filed by the petitioners along with delay condonation application under...windows in a private house belonging to respondent no. Found inside – Page 43... Condonation of delay-Whether the High Court while exercising Revisional power under Section 48, condone the delay in case a revision under Section 48, ... The Income Tax Department NEVER asks for your PIN numbers, passwords or similar access information for credit cards, banks or other financial accounts through e-mail.. Commissioner (Appeals), Customs, Central Excise & Service Tax, (Place). The Act shall lay down time-limits for different suits and shall specify the time-limit within which a suit, appeal or application may be brought. 15 th March, 2020 till further orders…”. The Companies Act, 2013 Rules on the Companies Act, 2013 This feature allows you to view the Companies Act, 2013 – Section-wise or Chapter-wise. Found inside – Page 1040R 147 . limitation without any explanation for condonation of delay – Appeal dismissed - Subsequent appeal filed along with application for condonation of delay under Section 5 of Limitation Act , 1963 Held , in view of Section 18 ( 7 ) appeal ... The court further held that section 5 of the Limitation Act would be applicable to appeals that are covered under the Commercial Courts Act, in which there is no restriction on condonation of delay. The moot question before the Full bench of Hon’ble SC in Hongo India was whether the High Court had power under Section 5 of the Limitation Act to condone the delay beyond the prescribed period under the special law, viz. The Limitation Act is applicable to applications filed under Sections 7 and 9 of the Code from the inception of the Code, Article 137 of the Limitation Act gets attracted. While Section 3 of the limitation act bars the institution of a suit or application after the limitation period, the same is subject to exceptions under Sections 4 to 24. i). “The Limitation period can be extended due to the acknowledgement of the debt by the Corporate Debtor after the declaration of default.” The word limitation in its literal term means a restriction or the rule or circumstances which are limited. 6. No doubt, there is a specified period of 30 days for an employee to file a notice to the employer but a claim for gratuity will never be invalid solely because it … However, the respondent did not respond to any of the legal notices as a result there were two applications for seeking condonation of delay were re- filed. This provision lays down the necessities and requirements of circumstances where the Court can condone a delay in the proceedings. Hon’ble SCI (18.09.2019) in Gaurav Hargovindbhai Dave Vs. Found inside – Page 391Limitation Act , 1908 is general in nature and for any sufficient cause delay in filing an appeal or application for revision or for ... But for seeking condonation of delay under section 5 of the Limitation Act delay of each and every day has to be ... As per Section 29(2), when any period of limitation different from one prescribed under this act is given under any special or local law, the provisions from Section 3 shall still apply as if the period was prescribed under this act itself. Found inside – Page 65Substantial question of law Interpretation of the contract involves a ... for condonation of delay in filing appeal under section 5 of the Limitation Act An ... Application for condonation of delay with Notarised attested affidavit, if beyond limitation. 4. Found inside – Page 605Under Art. 119 of the Limitation Act, 1963, two clauses (a) and (b) provided for 30 ... An application for condonation of delay under Section 34 filed with ... 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