Application for condonation of delay under section 5 of limitation act format. Products Law Accessories.

Application for condonation of delay under section 5 of limitation act format IN THE MATTER OF: DISTRICT: DHAKA IN THE SUPREME COURT OF BANGLADESH HIGH COURT DIVISION (CRIMINAL REVISIONAL JURISDICTION) CRIMINAL REVISION NO.  · The court noted that while the appeal was time-barred, the petitioner was not given the opportunity to file an application under Section 5 of the Limitation Act, 1963, for condonation of the delay. In.  · Condonation of Delay is the extension of the prescribed period in certain cases; the particular delay has been defined in Section 5.  · In the premises aforesaid it is humbly prayed that Your Lordships would be pleased to issue a Rule on the Respondent to show cause why the delay in filing the appeal should not be condoned. 3.  · 1. All discretionary powers, especially judicial powers, have to be exercised within reasonable bounds, known to the law. It is, therefore, most respectfully prayed that this application may kindly be  · Application Under Section 5 Of The Limitation Act For Condonation Of Delay In Preferring An Appeal. What are Section 3 and Section 5 of the Limitation How to draft an application for condonation of delay under section 5 of Limitation Act  · Section 5 of The Limitation Act, 1963 provides the specific provision for condoning delay. , for condonation of the delay in filing the written statement and re-fixed the matter condonation of delay 138 (1). No. Below is a structured template and a checklist to guide applicants and advocates.  · This is an exhaustive article that aims to explain the Doctrine of Condonation of Delay under the Limitation Act and its principles with various judgments. Section 14 of the Limitation Act “14 Exclusion of time of proceeding bona fide in court without jurisdiction.  · Introduction.  · INTRODUCTION.  · Section 5 of the Limitation Act provides a remedy which says that a delay can be condoned on proving sufficient cause.  · Section 5 of the Limitation Act, 1963, is the principal provision that deals with condonation of delay. In the Bensan Exim Coporation vs The Presiding Officer case before the Madras High Court the Division Bench opined that delay in filing an appeal by the Borrower before the Debt Recovery Tribunal can be condoned by the filing an application as per Section 5 of the Limitation Act, 1969. Applications for Delay Condonation: Plaintiffs filed an application (Exhibit 72) seeking condonation of a 22-day delay in filing their written statement. 10BB: This form is for audit reports for institutions demanding  · The Supreme Court, in a judgment delivered last month (16th December 2021), held that Section 5 of Limitation Act cannot be applied to condone the delay beyond the period prescribed under Section It was further submitted that in the application under Section 5 of Limitation Act, the condonation of 15 days delay was sought, whereas in the application filed under Section 142 of 4 M. In conclusion, while there are provisions for condonation of delay in filing an appeal under Section 128 of Customs Act, these are limited to a maximum period of thirty days beyond initial sixty-day period. As no. R. Relevant para nos. The Limitation Act, 1963 3. Rule 3A 5. Length of delay is no matter; acceptability of the explanation is the only criterion. In the recent past , the Honourable Supreme Court in Esha Bhattacharjee v. The doctrine of condonation of delay, enshrined in Section 5 of the Limitation Act, 1963, allows courts to extend statutory deadlines when a party demonstrates "sufficient cause" for its inability to file a suit, appeal, or application on time. 10: This form is the statement of total collected income under Section 11(2). A distinction must be made between a case where the delay is inordinate and a case where the delay is of a few days. 2016 the Arbitral Award was passed against the appellant. As there was a delay of 52 days in filing the appeal, therefore, they also made an application for condonation of delay under section 5 of the Limitation Act, 1963. Yashwantrao Bhaskarrao Deshmukh v. 2023] , the assessment order was passed on 12. : Para 5. Judges held that unless want of bona fides of such inaction or negligence as would deprive a party of the protection of Section 5 is proved, the application must not be thrown out or any Section 5: condonation of delay under The Limitation Act, 1963. It defines condonation of delay as disregarding a missed deadline so a case can proceed as if no offense was committed.  · To seek delay condonation, the appellant must file an application for condonation of delay along with the appeal under Section 18 of the POSH Act. The application SECTION 5 OF LIMITATION ACT, 1963. 9A/10/10B/1 OBB shall be entertained beyond three years from the end of the assessment year for which such application is made. Exceptions to Condonation of Delay – Section 5 4. A.  · Condonation of delay is a discretionary remedy exercised by courts wherein, upon an application made by a party who wishes to have an appeal or application admitted after the prescribed period, the court may condone (overlook) the delay if the party provides a “sufficient cause” that hindered them from filing the appeal or application on “It is axiomatic that condonation of delay is a matter of discretion of the court.  · Forms Included. The expiry of such a period of time leads to the termination of the remedy of This document discusses the doctrine of condonation of delay under the Limitation Act of 1963 in India. It summarizes that the appellant's parents fell ill, which prevented him from filing the appeal on time. 10AB for approval under the first proviso to sub-section (5)( iii) of section 80G on 2-12-2022 and Commissioner (Exemption) noted that assessee had not filed an application on or before 30-9-2022 as per CBDT circular No. The application should include: there is a pathway to seek condonation of delay under Section 5 of the Limitation Act, ensuring that justice remains accessible to all. Section 5 of the Limitation Act provides that  · It is axiomatic that condonation of delay is a matter of discretion of the court. Cr. Also, such condonation may apply to  · The question that appeared for the Court's consideration was whether a separate application for condonation of delay under Section 5 of the Limitation Act was mandatory. State of Maharashtra, Through Government Pleader and Others 1 has upheld the applicability of section 5 2 of the Limitation Act, 1963 ("Limitation Act") to the Maharashtra Stamp Act, 1958 ("Stamp Act") for the purpose of condoning delay in filing of refund application. Anand Keshari, learned advocate appearing for the  · What is Section 5 of the Limitation Act, 1963? Section 5 of the Limitation Act, 1963 deals with the concept of condonation of delay. 2022.  · Instant appeal was filed against the decision of the State Consumer Disputes Redressal Commission. The concept of condoning a delay is primarily preferred to the applications and appeal and does not 3.  · However, the Supreme Court noted that a condonation of delay under Section 5 of the Limitation Act must be granted only upon a ‘sufficient cause’, and considering the object of speedy resolution of disputes under the A&C Act and the CC Act. 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. It includes an affidavit stating that the appeal papers were misplaced in the advocate's office due to an oversight by the deponent clerk. 2. The expiry of such a period of time leads to the termination of the remedy of the aggrieved party. 3. such application was filed by the Appellant, there was. The condonation of delay means the extension of prescribed time in certain cases subject to sufficient cause. Raghunathpur Nafar  · The condonation of delay is addressed under Section 5 of the Limitation Act. Section 5 of the Limitation Act, 1963 deals with the discretionary power of the Court to admit an appeal or an application, after the expiration of the limitation period with the restriction that it can be exercised by the court only if there exists a “sufficient cause” for the delay in filing such an appeal or application. AND. And, on hearing the cause shown, if  · Application under section 5 of the Limitation Act for condonation of delay in preferring an appeal  · Introduction To Condonation of Delay.  · 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. Type of Jurisdiction 3. The Court was hearing an appeal arising out of a certificate  · Under Limitation Act, 1963 – Condonation of Delay. Joydevpur District: [] Whilst considering applications for condonation of delay under Section 5 of the Limitation Act, the Courts do not enjoy unlimited and unbridled discretionary powers. TEMPORAL JURISPRUDENCE: THE CONDONATION OF DELAY UNDER SECTION 5 OF LIMITATION ACT. 11 with a delay of 33 days from the limitation period which was till 13. SECTION 5 . 5 of limitation act applicable from S. Advocate for the appellants. 43 of the Act. 2726, 2727, 2728 of 1999 was sufficient cause within the meaning of Section 5  · Delay condonation application has to be decided on the parameters laid down for condoning the delay and condoning the delay for the reason that the conditions have been imposed, tantamounts to disregarding the statutory provision. No application for condonation of delay in filing of Form No. Meaning of Condonation 3. 8. (O&M), the test under Section 5 of the Act was held to be a purely individualistic test and not an  · The said decision was rendered by the Supreme Court while considering a case falling under Section 5 of the Limitation Act. OF __________ 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. The Doctrine  · Even if the party successfully provides a sufficient cause, the courts have the discretionary power to deal with the application of condonation of delay. Ganguly, learned advocate further submits that the petitioners, for petition under Section 5 of the Limitation Act as well as the revisional application should be dismissed. BareLaw. Muhammad Asghar has filed a criminal appeal against an order dated 19-11-2019 in the Lahore High Court and is seeking to condone the delay in filing the appeal. A bench of Justice Vikram Nath and Justice Prasanna B. The concept of condoning a delay is primarily preferred to the applications and appeal and does not  · Nevertheless the appeal was filed before this Hon’ble ITAT on date_____accompanied by an application for condonation of delay as provided under section 5 of the LIMITATION ACT, 1963. 11/2024 2. The Doctrine of Condonation of Delay Condonation of Delay finds its mention in Section 5 of the Act which  · The Supreme Court observed that the Court must exercise its discretion under Section 5 of the Limitation Act, 1963 only in exceptional cases where a very strong case is made for the condonation of delay in filing a Section 11(6) application under the Arbitration and Conciliation Act, 1996 (A&C Act). Back to Agreements. 7) That in this way there is a delay of 90 days for which an application under Section 5 of the Limitation Act has been filed alongwith memorandum of appeal.  · By: Chinmay Mehta. C. This section allows a court to admit an appeal or application beyond the prescribed period if the party can prove that there was  · Condonation of delay is a doctrine referred to in the Limitation Act , 1963.  · The Bombay High Court has held that a delay in filing an appeal under Section 42 of the Prevention of Money Laundering Act, 2002 (PMLA) cannot be condoned by the High Court beyond 120 days as  · The Income Tax Act, 1961 allows taxpayers to seek relief for delays in filing Income Tax Returns (ITRs) under certain conditions. The Act does not provide any specific limitation for filing such appeals, however, Section 43 of the Act provides that the Limitation Act, 1963 (‘Limitation Act’) shall apply to arbitrations as it applies to proceedings in Court. It states that the court can accept any appeal or application filed after the limitation period if the appellant or applicant demonstrates that he has good reason for not filing the appeal or application within the time restriction. Even though Limitation Act is applicable to a petition under the Arbitration and Conciliation Act, the limitation provided under Section 34(3) is elastic only to a limited extent, and not beyond that. Section 5 of the Act states that a court can extend the time limit if the individual filing the suit or appeal can demonstrate a valid reason for not filing within the designated period. 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. This power to the MM to condone the delay has been conferred by amendment made vide Negotial's Instruments (Amendment and Union of India - Section Section 5 in The Limitation Act, 1963 5. Extension of prescribed period in certain cases. The order of demand was received on 15-12-2023. Section 5 of Limitation Act, provides a provision whereby on showing a 'sufficient cause' for not preferring  · Discover the process of condonation of delay for non-filing of income tax returns due to genuine hardship under Section 139(1) or (4) of the Income Tax Act. IN THE MATTER OF : X, son of Y, of village – Kharia, Police Station- Shibpur, District- Narsingdi Convict/ Petitioner (in Jail)-Versus-1. ” iii) In a case before Patna High Court [Civil Writ Jurisdiction no. no proper application under Order IX Rule 13 of CPC in. As laid down in this case, Section 5 of the  · APPLICATION UNDER SECTION 5 OF THE LIMITATION ACT 1908 FOR CONDONATION OF DELAY Respectfully Sheweth:- 1. The ambit of power that can be  · Any plea for condonation of delay relying upon the Limitation Act, 1963 beyond the statutory period prescribed under section 107(4) of the Act of 2017 cannot be accepted. OF ______ IN THE MATTER OF: An application under Section 5 of the Limitation Act for condonation of delay in filing Civil Revision. 82 of 2023- VISHWANATH TRADERS- Order dt.  · On 19 March 2021, A three-judge bench of Justices RF Nariman, BR Gavai, and Hrishikesh Roy, in the case of Government Of Maharashtra Vs Borse Brothers Engineersc Pvt. The court emphasized that the petitioner has a statutory right to seek such condonation, particularly since the delay was marginal. District 1. The respondent is seeking to condone a 20 day delay in filing a counter affidavit in response to a writ petition filed by the petitioner. - Free download as PDF File (. Suit Nos. The prescribed time limit for filing the appeal, as per Section 107 of the CGST Act, 2017 ('CGST Act'), was 15-03-2024, but the appeal was filed on 24-03-2024. docx - Free download as Word Doc (. It may be noted that when Section 138 was added, there was no provision for condensation of delay in filing the complaint under the said provisions. That the applicant has filed Civil Revision before this Honourable Court, the contents whereof may kindly be read as and integral part of this application. This document is an application filed in the Court of Chief Metropolitan Magistrate in New Delhi seeking condonation of a 14 day delay in filing a complaint under Section 138 of the Negotiable Instruments Act against M/s Shree Jee Traders and others. Condonation of delay under the Limitation Act, 1963 3.  · accompanied with an application under section 5 of the. The appellants contended that they did not have knowledge of the judgement, as they did not take an effective part except by filing a written statement. Open main menu. the eye of law. Blogs News Tags English Hindi Marathi Bangla Tamil Telugu Downloads. Products Law Accessories. Key Highlights of CBDT Circular No. That the Complainant has filed the complaint on 16. Regards. He had initially filed a criminal revision petition but it was objected to and he was  · Delays may be forgiven under Section 5 of the Limitation Act, which falls within the previously stated range of Section 29(2). docx), PDF File (. The Doctrine of Condonation of Delay 3. Section 5 in The Limitation Act, 1963 states “Extension of prescribed period in certain cases.  · The Supreme Court ruled that a separate application under Section 5 of the Limitation Act to condone delay is unnecessary if the application under Order IX Rule 13 of the Code of Civil Procedure (CPC) adequately explains the delay. Ltd explicated the law regarding condonation of delay in filing of appeals falling under section 37 of the Arbitration and Conciliation Act, 1996. The Kerela High Court decided, in interpreting the reach of Section 21(5) of the NIA statute, a special statute, that the inclusion of the term “shall” and the absence of any language allowing a delay to be pardoned  · 4. 10B: This form is for audit reports under Section 12A(b) for charitable/religious trusts. Application under Section 5 of Limitation Act along with Affidavit September 24, 2023. Trivedi and Pankaj Mithal refused to Application under section 5 of the Limitation Act for condonation of delay in preferring an appeal - Free download as Word Doc (. doc / .  · The Court considered the question, "whether, the application under Section 5 of the Limitation Act of 1963 filed by the applicant-petitioner seeking condonation of 398 days delay in filing the  · A Delay can be condoned by the DRT by filing an application under Section 5 of the Limitaton Act. Section 5 of the Limitation Act, 1963 . Section 5 allows appeals or applications to be admitted after prescribed periods if "sufficient cause" for the delay is shown. Whether the cause shown by Municipal Corporation of Brihan Mumbai (for short, b the Corporationb ) for condonation of 7 years and 108 days delay in filing appeals against judgments and decrees dated 2. DISTRICT: DHAKA IN THE SUPREME COURT OF BANGLADESH HIGH COURT DIVISION (CRIMINAL REVISIONAL JURISDICTION) CRIMINAL REVISION NO. 37 will be within the period of 90 days given under schedule of limitation act by application of S. A Complainant-/Opposite party. The taxpayer demonstrates genuine hardship due to the non-acceptance of the delayed claim. Below is a format of affidavit for the  · It is, therefore, most respectfully prayed that this Hon’ble Court may most graciously be pleased to condone the delay is filing the aforesaid appeal. N. Application for condonation of delay - Free download as Word Doc (. Overturning its earlier decision in the case of N. Exceptions to Section 5: Applicable only to appeals APPLICATION UNDER SECTION 5 OF THE LIMITATION ACT FOR CONDONATION OF DELAY IN FILING THE WRITTEN STATEMENT APPLICATION UNDER SECTION 5 OF THE LIMITATION ACT FOR CONDONATION OF DELAY IN FILING THE WRITTEN STATEMENT ON BEHALF OF THE DEFENDANT It is therefore prayed to this Hon’ble court that the present application for taking  · The Supreme Court of India, while dealing with a matter pertaining to condonation of delay of 5659 days, discussed in detail the strict adherence to the bar of limitation as against the discretionary power of the courts concerning the sufficiency of cause as explained in the application for condonation of delay. Simplifying Your Life & Law | Legal Drafting services. Explore the conditions and procedures for condonation, including the application process The dispute arises over two cheques drawn on the State Bank of India in the amount of Rs 36,00,000 and Rs 13,00,000 which were returned unpaid under a memo issued by the UCO Bank, Begusarai on 20 November 2015.  · Application for condonation of delay in filing the application for Revision before the Hon'ble High Court Court/Sessions Court.  · The Karnataka High Court has said that it is the duty of the applicant seeking relief under Section 5 of the Limitation Act to explain the delay for every day that elapses beyond the period allowed  · However, at 4 PM itself, the Court accepted an application filed by the respondents under Section 151 C. 8/2022 rejected application as not 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. The term ‘condonation of delay’ is characterized under Section 5 of the Limitation Act in the event of offers. 2003 passed by the City Civil Court (hereinafter referred to as b the trial Courtb ) in L. the courts have the discretionary power to deal with the application of condonation of delay. g.  · On the facts and in the circumstances of the case and in law, the order of the Ld. V International Vs State of  · Section 37 of the Arbitration and Conciliation Act, 1996 (‘Act’) provides for an appeal against orders passed under Sections 9, 34, 16 and 17 of the Act. 5. Condonation of delay is the extension of the prescribed period in specific cases. Application No. Defendants 5-13 filed an application (Exhibit 88A) for condonation of a 35-day delay in filing their written statement. 11. The general principle underlying the condonation of delay is that courts have discretionary power to Section 2(j) defines “period of limitation” as the time prescribed by the Schedule to institute any suit, appeal or application, and “prescribed period” as the period of limitation determined as per the provisions of the Act. The essence behind the statutes of Limitation has been well expressed by Lord Plunkett in the following words, “Time holds in one hand a scythe; in the other hand an hour-glass.  · Section 5 of the Limitation Act, 1963 provides for the condonation of delay. Learn about the mandatory filing deadlines, consequences of delayed filing, and the relief provided by Section 139(8A) of the Finance Act, 2022.  · INTRODUCTION . The respondent argues that additional time was needed to thoroughly review all relevant documents and facts of the  · What is Section 5 of the Limitation Act, 1963? Section 5 of the Limitation Act, 1963 deals with the concept of condonation of delay. Raghunath Kisan Saindane, 2021 SCC OnLine SC 914, wherein the Hon’ble Supreme Court discussed the important points that are to be considered while deciding an Application under Section 5 of the Limitation Act, 1963 seeking condonation of delay.  · The Allahabad High Court, sitting in Lucknow, recently held that where Limitation Act, 1963 is applicable to a statute and the party is entitled to seek condonation of delay in filing statutory  · Code of Criminal Procedure alongwith an application for condonation of delay being C.  · On Defendants 5-13 on June 10, 2022. CIT(A), NFAC, erroneously disallowed the condonation of delay, overlooking that the Income Tax Act, 1961, is a self-contained enactment and section 249(3) provides for condonation of delay at the discretion of the CIT(A), with sufficient cause for delay as Since the Act does not provide any provision for condonation of delay, therefore, condonation of delay in filing of Appeal under Section 29 of the Act can be claimed under the general law. DISTRICT – GAZIPUR IN THE SUPREME COURT OF BANGLADESH HIGH COURT DIVISION (CIVIL REVISIONAL JURISDICTION) CIVIL REVISION NO. 1. This provision allows courts to admit appeals or applications even after the prescribed limitation period if the appellant or applicant can demonstrate sufficient cause for the delay.  · Conclusion of appeal under Section 128 of Customs Act. Section 5 acts as an exception to Section 3 which states that if a suit, appeal, or application has been instituted beyond the prescribed period, the same shall be dismissed on the grounds of bar of limitation. It defines perpetuity as an indefinite period and explains that the rule prohibits the creation of future remote property interests that may vest after the lifetime of the last preceding interest holder or beyond the minority of the ultimate beneficiary. Application under Section 5 of the Limitation Act for condonation of delay in filing __ Interest of justice demands that the present application is allowed and the delay in filing ____ is condoned so that the matter can be adjudicated upon on its merit. 1 Delegation of Powers  · The said section reproduced shall be read with the Act invoked along with the Limitation Act. The Division Bench of Justices Bela M. 12. The Court also noted that Limitation Act is applicable in the State of  · Section 5 of the Limitation Act. 10.  · Under the said circumstances, Section 29 of the Limitation Act, will come in play. This is primarily governed by Section 5 of the Limitation Act, 1963, which states that a court may admit an appeal or application after the prescribed  · One important thing to note about the provision is that for the condonation of delay, examination of witnesses is not necessary, as the application is to be decided based on affidavits and such application for condonation of delay under Section 5 of the Act cannot be dismissed by a non-speaking order. Vaquill. Template for Delay Condonation Application: Title: Application for Condonation of Delay under Section 5 of the Limitation Act, 1963. 34(3) from under S. AND IN THE MATTER OF: X Wife of: Y Village: Bahadurpur P. APPLICATION UNDER SECTION 5 INDIAN LIMITATION ACT FOR CONDONATION OF DELAY IN FILING THE APPEAL The applicant most humbly and respectfully submits as under:- 1. This section allows condonation of delay in appeals and applications if “sufficient cause” is demonstrated. It states that the Central Board of Direct Taxes (CBDT) can authorise any income-tax authority to accept an application or claim for a deduction, exemption, refund, or another relief under the Income Tax Act after  · Section 5 of the limitation act, 1963 arrangements with the optional force of the court to concede an allure or an application, after the termination of the limited time frame with the limitation that it very well may be practiced by the court provided that there exists a “sufficient cause” for the delay in recording such an allure or  · The condonation application for delay in filing a Goods and Services Tax ( GST ) appeal was rejected by the Allahabad High Court. In exercising discretion under Section 5 of the Limitation Act the courts should adopt a pragmatic approach.  · A meticulously drafted application for delay condonation is vital for persuading the court to exercise its discretion favorably. Section 5 in The Limitation Act, 1963 states “Extension of  · Introduction To Condonation of Delay. Limitation Act praying for condonation of delay. District Judge was correct in allowing the Revision. (Under Section 5 of Indian Limitation Act) In. Neither Commissioner (Appeals) nor CESTAT can condone a delay beyond this period. Period as prescribed in Schedule 1 to the Act 3. R. 5. When any application, appeal, Revision etc are time barred and you want that your such application, appeal, Revision should not be dismissed, you can file an application for condonation of delay along with that application, appeal, Revision. Section 5 of the Limitation Act does not say that such discretion can be exercised only if the delay is within a certain limit. The Section 5 of the Limitation Act reads as hereunder:-“5 Extension of prescribed period in certain cases–Any appeal or any application, other than an application under any of the  · A 2 (two) judge bench of the Hon'ble Bombay High Court ("Bombay HC") inNanji Dana Patel vs. 11 who felt aggrieved and filed the appeal. v. 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. Today, I will talk about the case of Dr. The Limitation Act, 1963, sets the time limit for filing a suit or appeal. The document is an application filed in court requesting to condone the delay in filing an appeal against a lower court's judgement. 1. 7437/2016 (Vinod Chaurasiya & Ano.  · Supreme Court: The 3-judge bench of RF Nariman*, Navin Sinha and KM Joseph, JJ has held that an appeal under section 37(1)(c) of the Arbitration and Conciliation Act, 1996 would be maintainable against an order refusing to condone delay in filing an application under section 34 of the Arbitration Act, 1996 to set aside an award. The respondent contends that when dealing with the application under Section 5 of the Limitation Act, 1963, the court must consider that the successful litigant has obtained significant rights based  · GENERAL PRINCIPLES UNDER THE LIMITATION ACT, 1963. General Principles  · 3. In the High Court of judicature at Allahabad. 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.  · It is, therefore, most respectfully prayed that this application may kindly be allowed and the delay of _____ days in filing the _____ may kindly be condoned and the matter may kindly be heard on its merit in the interest of justice. By Guptaishita Views: 1963- Primary Focus On Section 5 Section 5[6] of the Limitation Act, 1963 dealt with the extension of the prescribed period in a certain case.  · Delay in section 80G(5) condoned: Where assessee-trust filed application in Form No. 8. While deciding the application under Section 5 Limitation Act, the “justice-oriented approach” is required to be adopted. Out of 16 claimants, 15 of them impliedly accepted the judgment and order of the reference court and it was only the heirs and legal representatives of the claimant no. 6. Affidavit. Sufficient cause is determined on  · After the lapse of more than 5/6 years, an appeal was filed before the High Court, challenging the dismissal of the reference. P.  · ABSTRACT Condonation of delay is a doctrine referred to in the Limitation Act , 1963. 9A: This form is to apply for the option given under Section 11(1), applicable for income for charitable or religious purposes. Mr. Application Under Section 5 Of The Limitation Act For Condonation Of Delay In Preferring An  · The first respondent strongly opposes the application for condonation of delay, primarily because there is an unexplained delay of 1231 days. What is “Sufficient Cause”? 3. Civil Misc. Section 119(2)(b) enables individuals and entities to apply for condonation of delay by submitting an application to the appropriate income tax authority based on jurisdiction and monetary limits. That the learned Prescribed Authority has initiated the eviction proceeding under Section 4(1) of UP Act 22 of 1972  · The Supreme Court held that there is no bar to exercise by the Court/Tribunal of its discretion to condone delay under Section 5 of the Limitation Act, in the absence of a formal application The doctrine of condonation of delay, enshrined in Section 5 of the Limitation Act, 1963, allows courts to extend statutory deadlines when a party demonstrates "sufficient cause" for its inability to file a suit, appeal, or application on time. pdf), Text File (. Bhadoriya) NI Act, 1881, condonation of 20 days was sought, and  · There have been several Supreme Court judgments on the issue of condonation of delay under the Sarfaesi Act and the Debt Recovery Tribunal (DRT). Sub Section (2) of Section 29 of the Limitation Act provides for the application of the Limitation Act, to a special or local law, insofar as and to the extent to which, they are not expressly excluded by such special or local law. application for condonation of delay - Free download as Word Doc (. In this case, the question before the Court was whether the delay in filing appeal should be condoned under Section 5 of the Limitation Act. The bench referred to the precedent where it was ruled that the Section 107 of the GST Act is a complete code and it excludes the general limitation provisions like Section 5 of the Limitation Act. Here are a few notable ones: Section 5 of the Limitation Act would apply in respect of applications under Section 17 of the SARFAESI Act before DRT filed beyond the period. Varale made this observation while overturning  · He pointed out that the proviso to clause (b) of Section 142 of the Act being unambiguous, the affidavit in support contention of the petitioner that every application filed under Section 5 of the Limitation Act for condonation ofAct is to be condoned, as enabled by the proviso to clause (b) of Section 142 of the Act, necessarily, the  · Taxpayers may apply for condonation if: The delay is caused by a reasonable cause beyond the taxpayer's control (e. 305 of 2016. Background of The Limitation Act, 1963 The Limitation Act, 1963, enacted by the Indian Parliament and effective from January 1, 1964, is a crucial legislation that prescribes the time limits within which legal proceedings must be initiated. . Length of delay is no matter, acceptability of the explanation is the only criterion. In the context of filing an application for condonation of delay in a suit for recovery, it is essential to adhere to the legal framework established under the Limitation Act, 1963, and relevant provisions of the Code of Civil Procedure, 1908 (CPC). APPLICATION UNDER SECTION 142 (b) OF THE NEGOTIABLE INSTRUMENTS ACT, 1881 :-That the Complainant is the sole proprietor of Madeena Trading Company. , medical emergencies, technical issues, or natural calamities). 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. Extension of prescribed period in certain cases– any appeal or any application, other than an application under any of the provisions of Order XXI of the Code of Civil Procedure, 1908, may be admitted after the prescribed period if  · The Bombay High Court condoned delay in filing an appeal pertaining to a commercial suit, citing Section 13 of the Commercial Courts Act which allows for the condonation of delay, even in absence The taxpayer received a Show Cause Notice and consequently an Order under Section 73(9) of the DGST Act 2017 on the GST Common Portal.  · Whilst considering applications for condonation of delay under Section 5 of the Limitation Act, the Courts do not enjoy unlimited and unbridled discretionary powers. The Court clarified that Section 5 of the Limitation Act cannot extend statutory deadlines explicitly defined in format of application for condolation of delay for suit of recovery Application for Condonation of Delay in Suit for Recovery Introduction. X Executive Vice President National Bank Limited Dilkusha [] 1. Also, such condonation may apply to In this arbitration case, the Supreme Court overturned a High Court order that had condoned a 185-day delay in challenging an arbitral award under Section 34 of the Arbitration and Conciliation Act, 1996. The previous ruling of the Hon'ble Apex court was overturned which included the limitation period of appeal lying under S. The time limit for filing of such application within three years from the end of the assessment year will be applicable for application filed on or after  · Section 34 application with condonation of delay application was filed on 2. The document is an application under Section 5 of the Indian Limitation Act to condone delay in filing an appeal. 4. The State Opposite party.  · Contentions of the Appellant: The Learned Counsel for the Appellant submitted that illegally declined to condone the delay for want of a separate formal application for the condonation of delay under Section 5 of the Limitation Act and knowledge of the pendency of the suit to the defendant-appellant through his wife Shobha Jain, which was tried to be established illegally based on the report  · The Income Tax Act of 1961, Section 119(2)(b), allows for the delay of any application or claim lodged under the Act to be excused. You'll have to file a separate application under Section 5 of the Limitation Act seeking condonation of delay. — 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), may be admitted after the prescribed period, if the appellant or the applicant satisfies the court that he had sufficient cause An application under Section 5 of the Limitation Act, 1908 for condonation of delay. S. Further, along with the appeal, an application for condonation of delay of 13 years was also filed by the appellant. application.  · The application seeking condonation of delay is made “Under Section 5 of Limitation Act read with specific provision provided under the relevant statute – for example, Section 107(4) and 112(6) of CGST Act, 2017.  · The document discusses the rule against perpetuity under Section 14 of the Transfer of Property Act 1882 in India. txt) or read online for free. [24]Section 21 of the Commercial Courts Act[25] was  · Courtesy - Sheetal Pokhriyal Delay condonation is a legal process that allows courts to extend the time for filing appeals, applications, or other legal documents beyond the statutory deadlines. Condonation of delay is a crucial aspect of procedural law in India, governed primarily by Section 5 of the Limitation Act, 1963.  · The Supreme Court has observed that the power to condone delay under Section 5 of the Limitation Act does not apply to suits.  · The appellants contended that the delay caused in preferring the appeal must be condoned in light of Section 5 of the Limitation Act, as they have the 'sufficient cause' explaining the delay.  · Format of Application for Condonation of Delay . Thus, the High Court held that the Addl. 4. X Executive Vice President K Bank Limited Dilkusha []  · One important thing to note about the provision is that for the condonation of delay, examination of witnesses is not necessary, as the application is to be decided based on affidavits and such application for condonation of delay under Section 5 of the Act cannot be dismissed by a non-speaking order. The Limitation Act, 1963 works on the principle of two legal maxims, which can be stated as follows- Section 5 of The Limitation Act, 1963 makes it ample clear that granting condonation of delay is totally upon the discretion of the court and the burden of proof for proving sufficient cause  · Top Stories Case Digest: Condonation of Delay under GST Act This case digest deals with the cases related to condonation of delay under GST Act, 2017 By Sneha Sukumaran Mullakkal – On November 30, 2024 5:01 pm – 10 mins read The Goods and Services Tax ( GST ) Act, introduced on July 1, 2017, replaced multiple indirect taxes in India with a single, unified system. The expression sufficient is very liberally construed by the Courts. 2017 on reopening of the trial Court – Important question whether the delay is condonable when the last day of condonable period of 30 days falls on holiday or during court vacation – On 24. ovuo tdasjj yvgwid oyjv zudh yslhdfr ydlf nutw rlqni drjw thhy zflho lhmp ibmzor fth