Application for condonation of delay in submitting appointment order kerala. Certificate under Articles 132 or 134 of the Constitution .

Application for condonation of delay in submitting appointment order kerala However, the Apex court has reconsidered that the refusal of application to condone delay would make an appeal under S. There is a stay application filed but it does not give any reasons as to why stay offind that the department has not made out a case for either condonation of the delay in filing the appeal, for grant of stay order or even on merit. the present case Aug 6, 2012 · JUSTICE AKIL KURESHI)1. Apr 3, 2024 · 5. Provide the date of the original decree and the Where filing of appeal is delayed, prepare Application for Condonation of Delay . Order of the Second Respondent (ITO): The ITO, acting as the second respondent, dismissed the application (Ext. 2022 filed on behalf of the petiaforementioned restoration application dated 28. 1988 (wrongly mentioned as 24. Only affidavit part of the order is discussed in this article. kerala private primary condonation of delay in submitting appointment order: form j1- application for closure of kerala aided school employees provident fund Jun 26, 2022 · HTV:HEAD TEACHER VACANCY IN GOVT/AIDED SCHOOL: APPOINTMENT OF PROTECTED/DAILYWAGE TEACHERS :LETTER NO. kerala education rules regarding admission,transfer and removal of pupils. Along with the appeal, the appellant filed an application for condonation of 160 days' delay. O. 2726, 2727, 2728 of 1999 was sufficient cause within the meaning of Section 5 of the Jan 2, 2019 · From the application for condonation ofthe wrong forum and it was filed after a delay of about eleven months and there is no explanation for the time taken by the State between 18-7-2016 and 15-6-2017, the delay in the RFA before the Happlication filed by the appellants for condonation of delay of 312 days in preferring the regular first Jul 27, 2010 · The application for condonation of delay was not filed along with the change report but was filed subsequently. The time limit for filing written statement 2. xlsx Author: User Created Date: 11/11/2022 12:09:57 PM Jan 16, 2022 · In the present case, the impugned judgment passed on 08. May 20, 2022 · application for delay condonation in submitting appointment approval proposal important orders on appointment approval of aided school teachers for k tet related Feb 19, 2019 · The delay up to 6 months be condone by the DDE and delay above 6 months be condoned by the DPI. Order on reference under Section 374 of the Code . 1988 nobody appeared for the plaintiff, the suit was dism, therefore, the learned trial court ought to have restored the suit. Judgment: The Kerala High Court ruled in favour of the Neerikode Service Co-operative Bank Ltd. Application No. The Division Bench of Justices Bela M. 34 of Arbitration and conciliation act of 1996 (Act) were not taken up earlier by tribunal to allow preliminary arbitration appeal. 14: In case, the application for condonation of delay has been dismissed by the Appellate Tribunal, the same could be challenged by way of a Writ Petition under Article 226 of the Constitution of India before the High Court having jurisdiction over the Appellate Authority/Appellate Tribunal whose order has been challenged. Suit Nos. The "Right of Children to Free and Compulsory Education Act, 2009" stipulates that if an LP school has more than 150 children and a UP school has more than 100 children, the primary Head teachers of such schools should be exempted from class charge. 2019 in respect of Assessment Year: 2017 Nov 16, 2024 · 4. 3A makes it manifest that the purpose of requiring the filing of an application for condonation of delay under sub-rule (1) along with a time barred appeal, is mandatory, in the sense that the appellant cannot, without such application being decided, insist upon the Court to hear his time barred appeal. The appellant then filed Regular First Appeal No. 2021 Jun 16, 2020 · Proper Procedure to be followed for condonation of delay. that the delay in audit report filing in Form-10B can be 30 days, as the law merely needs that the audit report be uploaded at least a month before the deadline for filing the returns. Commissioner of Income Tax (Appeals)-2, Jalandhar dated 24. delay. Jun 22, 2022 · The said section reproduced shall be read with the Act invoked along with the Limitation Act. Minister for General Education; Principal Secretary – General Education; DGE Office; Regional Deputy Directors; Assistant Directors; DDE Offices; DEO Offices; AEO Offices; Language. The Hon'ble Chief Minister has ordered to place the matter before the Council of Ministers. 2723/Judl/2020/KAT (1) Date: 18/12/21 Phone: 0471-2573022 NOTIFICATION Read: Notification of even no. May 9, 2022 · Step 4: On the Delay in submission of the ITR-V page, click Create Condonation Request. The application for condonation must be submitted within three years from the end of the assessment year (AY) for which the request is made. 7[Note:- The Government shall consider requests for condonation of delay in making application for correction of date of birth in school records, in deserving cases, on merits, provided that the applicant is within 50 years of age as per the original entry in the school records]. Aggrieved by the same, the present writ petition is filed. The ruling is likely to help taxpayers who were not able to file the appeal within the prescribed limit due to genuine reasons, in obtaining condonation from the appellate authority. CESTAT was filed by the Respondent with a delay condonation application of 2199 days. Nov 21, 2022 · Income Tax Act does not impose any limitation for filing an application for condonation of delay Case: K C Antony Versus Principal Commissioner Coram: Applications to condone delay under S. submitted his application under Compassionate Employment Scheme for getting employment as Lower Division Clerk well in time, a delay of 2 years 3 months and 28 days occurred in submitting application for change of post to Beat Forest Officer. for condonation of delay in making that. FULL TEXT OF THE JUDGMENT/ORDER OF KERALA HIGH COURT Dec 12, 2022 · Contents hide 1. Oct 29, 2010 · from the Ahlmad and found that in fact the matter was adjourned to 14. Heard learned counsels for the parties and perused the record. ITO (ITAT Mumbai) an appeal for condonation of delay was rejected . Feb 2, 2023 · Thus, the Court held that there cannot be any condonation of delay by taking the aid of the provisions of the Limitation Act and entertaining an application under Section 5 of the Limitation Act. to consider and approve the Application for the condonation of delay, b. The grounds for dismissal were 2. qip/457454/22/dge dt:19/04/2022 Application for Condonation of Delay; Body of the Application. 77 of 2006, whereby the Tribunal dismissed Ext. In the recent past , the Honourable Supreme Court in Esha Bhattacharjee v. 51 181. The reasons for not filing the appealSenior Counsel then invited the Court's attention to the memo of appeal and application filed for condonation of delay to show that the same had been prepared on 7-9-2007 but were filed on 24-12 Apr 17, 2016 · for filing the appeal, and an application for condonation of delay, it is abundantly clear that there is no any condition laid down under Order 41 Rule 3A of the Code that whenever application is filed for condonation of delay, the appellant cannot take a ground of non service of summons in the application for condonation of delay. Raghunathpur Nafar Aug 5, 2024 · The High Court upheld the Central Administrative Tribunal's Order which dismissed the appellant's application for condonation of a 425-day delay in challenging the Order that imposed a penalty of stopping one increment with cumulative effect and held that the penalty imposed on the appellant was justified given the nature of charge. Ayisumma (supra) the Supreme Court held that the approach of the court should be pragmatic and not pedantic and that while considering an application for condonation of delay the court should not insist upon explaining every day's delay. 37/1/15 titled as "Pooja Gupta vs. Specify the duration of the delay (e. 2019, which was sought to be challenged before the Apex Court, by filing an SLP with a delay of 462 days. On becoming aware of the adjudication order, the petitioner submitted a representation dated 25th April 2024, recording its receipt of the order and raising its grievances. No separate delay condonation application required under Order IX Rule 13 of CPC ruled by the Supreme Court Of India. 2. The legal framework primarily revolves around the provisions of the Limitation Act, 1963, and specific statutes governing the matter at hand. 178. Comments. 51 183. The present petition is directed against the order dated 10. In Special Tehsildar, Land Acquisition, Kerala v. 500/2020 for condonation of delay in filing restoration application. Jan 10, 2022 · If you are in such a situation then writing an application for the same is advised. Apr 29, 2020 · In the case of Kunal Surana vs. Order 8 Rule 1 of Code of Civil Procedure, 1908 provides for a time limit for filing of written statements by the defendant. Therefore, it was held by the Hon'ble Supreme Court that beyond 30 days, there is no power to condone delay in filing a review application. Mar 29, 2016 · An application seeking condonation of delay of 1090 days in condonation of delay in re-presentation, a cue should be taken from the provisions of section 34(3) of the Act read with the proviso thereto that prescribe a period of ninety daythe appellant challenging an order of condonation of delay of 28 days in re-presentation, remitted the Jan 12, 2009 · During the pendency of the appeal, contesting respondent No. Y. This application seeks condonation of delay of 1386 days in filingthe explanation is simply not available on record. Apr 10, 2024 · 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. 1. Introduction 1. 2013 Learned Collector has rejected the application for condonation of delay on the ground that in the application the petitioner did not disclose about the date of gathering information By this order I shall dispose of the application for condonation of delay in filing the Appeal under Section 29 of Protection of Woman from Domestic Violence Act, 2005 (hereinafter 'the Act') preferred against the order dated 27. 19[Provided that where the Manager fails to forward the appointment order within the time specified above, he may apply to the 20[Deputy Director (Education) in the case of delay up to six months or to the Director in other cases, for condonation of such delay and thereupon the 19[Deputy Director (Education)] or the Director* as the case may be Mar 7, 2022 · Applying for Condonation of delay . K. 1236 of 2015) With Civil Misc. 6. 2021 to decide the delay condonation application first before entering into the placed on 30. 3 has moved an application dated 31. Sep 12, 2000 · "A combined reading of sub-rules (1) and (2) of R. Condonation of delay refers to the discretionary power of a court to extend the time period within which a party may file a suit, appeal, or application. The applicants have filed MA No. Shivaji (Technical Member), has dismissed the Dec 21, 2024 · The bank then petitioned the Kerala High Court, seeking a directive for the ITAT to consider its application for condonation of delay. In the If the explanations advanced for condonation of delay are accepted to be sufficient, the Appellate Authority may condone the delay in preferring the appeal. P1 order passed by the Debt Recovery Tribunal, Ernakulam in I. P12 application filed by the appellant seeking condonation of delay of 554 days in filing Ext. Admittedly CESTAT has allowed the delay condonation which is a matter which falls wthere was need to ascertain the true and correct position of the dues of the Corporate Debtor in relation to the GST Department, there was some small delay in submitting a Application for condonation of delay in a post-arrest matter Crl. Details of Delay. application for delay condonation in submitting appointment approval proposal important orders on appointment approval of aided school teachers for k tet related May 20, 2022 · The delay up to 6 months be condone by the DDE and delay above 6 months be condoned by the DPI. It is trite that an applicant seeking condonation is required to set out the full circumstances explaining the causes for the delay in order that the court may assess whether blame is to be attached to the Sep 26, 2023 · A recovery cum garnishee order is an order that allows the income tax authorities to recover the outstanding tax from the taxpayer’s bank account. From the above cases, it is clear that there was no need. . 2013 Thus, he prayed that delay be condoned and it be counted from the date of18. 2. 2089 of 2006 in S. Communication of orders to Subordinate Magistrates . In the application for condonation of delay the petitioner submits that he Aug 16, 2022 · The application was opposed by the appellant who also mounted a counter application, seeking an order staying the contempt application, alternatively, suspending the settlement agreement, further alternatively, portions of it, pending the determination of an action he instituted to have the settlement agreement declared void ab initio. 10. 1988 in the application for restoration) and since on 14. It pertains to the mechanism by which a Aug 3, 2015 · Applicant, who is a promoter, has moved present application for condonation of delay of 36 days in filing appeal on the ground that due to surge of se. It was recommended by the Assistant Regional Manager on 8-1-1999. 09. 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. V. , 3 years and 90 days) in filing the proof of claim with the Resolution Professional to allow the claim amounting to Rs. Where the refund has been arisen consequent to a court order then the period for which the proceeding was pending before the court of law shall be ignored while calculating the period of six Jun 13, 2024 · In a significant judgment, the Gauhati High Court has dismissed an application seeking condonation of 122 days’ delay in filing a matrimonial appeal against an ex-parte divorce decree. 2023 passed by the respondent No. Aug 18, 2021 · It was also of the opinion that as the application for condonation of delay had brought out cogent reasons to explain the delay, therefore, a hyper technical view was not called for", the Court noted. Ascertain whether assesse has documentary evidence to back the reasons for delay. Dec 21, 2018 · The said order was duly complied with by the Applicant; following which the stamping authority returned the original Agreement to the Applicant. Aug 6, 2019 · Samanwaya is a web application which will enable the government authorities and government aided school authorities to manage their staff appointments in a hassle free manner. Jan 18, 2025 · Kerala State Literacy Mission; Kerala Mahila Samakya Society; Kerala Education Act & Rules; Downloads; Contacts. 6. 951951/J2/2016/GEDN DT:09/11/2016 Apr 9, 2024 · Meanwhile, the petitioner is instructed to file appeals for all relevant assessment years, depositing 20% of the assessed amount and submitting applications for condonation of delay and stay petitions. A No. The Principal Commissioner shouldn’t assessee merit of the refund claim. Section 5 of the Indian Limitation Act[15] 2. Aug 19, 2024 · The Kerala High Court has held that the applications for condonation of delay should have been considered without being too hyper-technical and in a judicious manner. However, the application came to be dismissed. 52 184. Apr 29, 2016 · It is axiomatic that condonation of delay is a matter of discretion of the court. Muhammed Amal Sabja for the post of Police Constable may be condoned. , The delay in filing the application is 1322 days). 203/959/2013. g. Dec 17, 2021 · The Bench additionally added that having regard to the prospective effect of the judgment in New India Assurance Company Limited and the orders of this Court in Reliance General Insurance Company Limited no case for interference is made against the order of the NCDRC allowing the application for condonation of delay on merits. It describes the procedure by which a judge may be lenient when an appeal or application is not filed within the allotted time. Jun 2, 2023 · Application for the condonation of delay can made within a period of six years from the end of assessment year for which the application has been made. P4) seeking condonation of a delay of 18 days in filing the appeal. " Page 5 of 15 6 OA No. Delay in filing the applications is Document portal for Government of Kerala, contains Government orders, 5081/2024/GEDN-Appointment of Mr. Step 5: On the Select ITR page, select the record for which you want to raise a condonation request for a delay in ITR-V submission and click Continue. 2021 and last order dated 23. The Supreme Court of India stated that a separate application for condonation of delay is unessential when an application under Order IX Rule 13 of the Civil Procedure Code (CPC) properly explains the delay. T The delay was due to slow action by different departments through which the certified copy of the judgment was routed. 2021 for considering the delay condonation application as well as merits of the case. 7. You can use the letter format for condonation of delay in filing Income tax explaining the reason for the delay. Despatch of judgments and orders . Jan 2, 2024 · FULL TEXT OF THE JUDGMENT/ORDER OF GUJARAT HIGH COURT. Circular No. Mar 19, 2025 · The Income Tax Department considers various factors before granting a Condonation of Delay, and the taxpayers must provide detailed information and valid reasons for the delay. A counter affidavit has been filed, to which a rejoinder has also been filed by the applicant respondent. Court’s Ruling: The Kerala HC ruled that the delay or non-cooperation before the CIT(A) is not germane to the ITAT’s consideration of delay condonation. Subsequent toremand of the matter, once again the condonation of delay application was heard. Today when the matter was called Feb 23, 2012 · The present civil application is filed for condonation of delay in filing civil application for bringing Legal Representatives of deceased appellant Vitthal Chavan on record,attention to each and every sentence of the application and contended that the application for condonation of delay in bringing legal representatives on record is filed Jan 28, 2000 · The question raised in this appeal is whether a learned single Judges order refusing to condone the Appellants delay in filing an application under noted that the learned single Judge of the High Court dismissed the application for condonation of delay in an application filed under section 34 of the Arbitration Act, 1996 to set aside an Oct 15, 2024 · 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. to file a separate application for condonation of delay in. The respondent maintains Apr 15, 2010 · of the Tribunal, the appellant filed this appeal on 24-12-2007. Procedure for filing return under section 119(2)(b): Step 1: File a manual or online application: File a manual application to the jurisdictional officer authorised to deal with the application. […] Aug 6, 2024 · The Trial Court heard and rejected this application on 9 th February 2023. Each statute facilitates a time frame within which any appeal is to be filed under them to respective courts or authorities. 02. 504 of 2020 (For restoration of OA No. 1 had failed to show sufficient cause in seeking condonation of delay to file the appeal. Dec 20, 2024 · According to the learned Judge, the delay, the condonation of which was contemplated under Section 119(2)(b) of the Act, was the delay in filing the return, namely, the delay of three months in the instant case, and could not be seen as a reference to the delay of almost nine years in preferring the application under Section 119(2)(b) of the Act. 13-01-2020 adjudication of penalty under section 454 for default in compliance with the requirements of section 10a of the companies act, 2013 read with the companies (adjudication of penalties) rules, 2014. Refusing to condone delay can result in a meritorious matter being thrown out at the very threshold and cause of justice being Mar 5, 2014 · Even the application filed under Order 37 Rule 4 of CPC on 30. Orders to be issued in advance to avoid delay . Keep calendar in front of you and check it again and again. The Court refused to condone the delay Oct 28, 2023 · Kerala High Court held that the Principal Commissioner while considering application u/s. While entertaining the application, this Court had granted time to the writ petitioners to file a counter affidavit in the delay condonation matter. This system is envisioned to bring maximum transparency to the staff fixation and appointment approval Rs. Jan 4, 2024 · The division bench, consisting of Judicial Member Kuldeep Kumar Kareer and Technical Member Anil Raj Kellan, was hearing an application to condone the delay of 1,185 days (i. Counsel for the petitioner states that time-barred restoration application dated 28. Ordinarily a litigant does not stand to benefit by lodging an appeal late. Amendments with respect to commercial disputes 2. POINT FOR DECISION Nov 15, 2011 · ORDER An application for condonation of delay in setting aside the itself came to be decreed on 10. If a company delays in filing any application or document within the prescribed time, then it needs to apply to the Central Government for condonation of delay under Section 460 to accept its delayed application or document. Having been aggrieved against the order dated 07. Dec 5, 1990 · The petitioner made an application for compassionate appointment immediately after he became major. Board Resolution to be passed at Board Meeting or by Circulation for considering the following matters-a. , stating that the ITAT should not have dismissed the appeal solely based on the delay and the bank’s earlier non Jan 20, 2024 · The notion of condonation of delay encompasses the discretionary power of a court to extend the prescribed time limit for filing an appeal or application. The act of the respective courts condoning the delay in filing an appeal or application is known as condonation of delay. 2021 whereby delay of 193 days in filing of the written statement was not condoned. Dec 23, 2024 · The Supreme Court ruled that a separate application seeking condonation of delay is not necessary to be filed along with an application seeking to set aside an ex-parte decree under Order IX Rule Feb 22, 2025 · The Appeal before the Apex Court was filed by the appellant aggrieved by the order of the High Court allowing the interim application filed by the respondents seeking condonation of delay of 2,422 days in filing an application under Order XLI Rule 19 of the Code of Civil Procedure (CPC). 2011 for review of order dated 27. Kerala HC Judgment. Following the rejection, the defendant filed an application for condonation of delay on 3 rd March, 2023, along with a written statement to be taken on record. 2011 and with an appeal for the restoration and recall of the above-mentioned complaint. Living Media India Limited and another) (2012) 3 SCC 563, the Honourable Supreme Court, while dismissing the application for condonation of delay of 427 days in filing the Special Leave Petition, held condonation of delay is not an exception and it should not be used as an anticipated benefit for the Apr 23, 2021 · Condonation of delay under S. 03. Hence, the Court dismissed the petition. Immediately thereafter, the Applicant filed the Section 11 Application along with a separate application seeking a condonation of delay. It was the Petitioner's case that Respondent no. Subsequently, the petitioner preferred an appeal against the adjudication order, accompanied by an Application for Condonation of Delay. Jan 27, 2025 · Since one of the orders was not filed within the stipulated time, a condonation of delay application was filed. May 24, 2022 · Aided school teachers appointment clarification (newly created/upgraded school appointment, leave vacancy appointment, delay condonation in submitting appointment proposal, uneconomic school appointment). 4. The whole chain of events displays chronic apathy on the part of the petitioner, and I am unable to find the presence of any special circumstances Sep 20, 2022 · Order XLI Rule 3-A CPC | Failure To File Appeal With Application For Condonation Of Delay Curable Defect, Can Be Filed Subsequently Case: Bashir Ahmad. Tags : Delay, Sufficient cause, Condonation. Aug 31, 2015 · 1. 1. Mention the specific order or decree that is being challenged. The application for condonation of delay should be decided first as the aggrieved party has a valuable right for redressal against an erroneous order made by the Court while condoning/ refusing to condone delay. First try to justify each day of delay from last day of filing appeal till date of filing appeal. order or direction which this Hon'ble Court may deem fit and proper in the circumstance of the case. 2018, has been filed alongwith MA No. Condonation of delay implies the Act of condoning the delay in submitting an appeal or application by concerned courts. 51 182. That application was dismissed by the order dated 07. Order VIII Rule 1 2. Certificate under Articles 132 or 134 of the Constitution . Reason:- The affidavit in support of delay condonation was very badly drafted. 24/2024/HEDN Higher Education Department -Self financing Aided Colleges/ Self financing Aided Training Colleges/ Self financing Aided Arabic Colleges/ Self financing Aided Polytechnic Colleges/ Self financing Aided Engineering Colleges - Implementing Compassionate Employment Scheme to the dependents of the deceased - Guidelines Oct 2, 2020 · A Delay can be condoned by the DRT by filing an application under Section 5 of the Limitaton Act. The steps are as follows: Aug 9, 2023 · Hon’ble Apex Court laid down the following principle to be followed while dealing with an application seeking condonation of delay:-1. This section allows a court to admit an Mar 21, 2015 · delay condonation application on 22. [The Secretary, Sree Avittom Thirunal Hospital v. justice. 22192 of 2007 is the appellant. Accordingly, order set aside and application for condonation of delay under section 119(2)(b) of the Income Tax Act 1961, are to be restored back. The delay, if any Jun 24, 2024 · Along with the appeal, the petitioner also submitted an application (Ext. 3) A direction to the second respondent to consider and pass orders on Exhibit P3 revision petition and Exhibit P4 application for condonation of delay, submitted by the petitioner within a time frame after hearing the petitioner. Apr 28, 2011 · A common standard version is appendend for Kind perusal:: follow along with your adv of counsel:::: It is humbly submitted that this condonation for delay application is before this Hon’ble State Commission from a judgment dismissing for default the complaint No. 164/2001 of the complainants on 14. 2021 and Appeal having been filed on 02. Condonation of the delay excuses a person of the legal consequences of not meeting the prescribed time limit for filing an appeal, suit, or application. 37,00,000 (Rupees Thirty-Seven Lakhs Only) plus Feb 14, 2025 · 5. Kerala HC: Courts Shall Consider Relevant Aspects Like Conduct, Bonafide etc While Condoning Delay The respondents had not considered the claim of difference of wages at the time of passing the order dated 20. The delay condonation application is, therefore, being disposed of by this Court. 2003 passed by the City Civil Court (hereinafter referred to as b the trial Courtb ) in L. 01. 2011, was time barred and was not accompanied with the application for condonation of delay. The bench of Justice Gopinath Jun 4, 2023 · Acknowledging the necessity to safeguard justice from being denied solely on technical grounds, the Indian legal system incorporates a provision known as “condonation of delay”. Procedure is after all handmaid of. 37 of the Arbitration Act The Supreme Court then analysed the applicability of Section 5 of the Limitation Act to appeals under Section 37 of the Arbitration Act and Jan 7, 2020 · However, the said condonation of delay application by remanding the matter back to DRT for fresh hearing and disposal. . State brief . Who may file the written Statement? 2. to authorize any KMPs or any director of the Company for filling application to CG, Procedure for condonation of delay . This appeal has been filed by the assessee against the order of the Ld. FULL TEXT OF THE ORDER OF ITAT AMRITSAR. " 2. 2021, defendants 2 and 3 filed an application to condone the delay in filing an application to set aside the exparte decree and to set the exparte decree. 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 appellant or the May 15, 2022 · Supreme Court of India was dealing with the appeal challenging an order passed by the High Court on 12. 06. the purpose of condoning the delay in filing the appeal on the part of the department. The sanctioning authority should pass orders within 30 days from the date of receipt of the appointment order from the manager. In the present case, as noted hereinabove, no 3 days ago · condonation of delay in filing affidavit of dasti service: 259: permission to add the complainant as party respondent: 260: condonation of delay in filing proof of publication: 261: condonation of delay in filing reply affidavit: 262: condonation of delay in filing the written submission: 263: cross objection: 264: permission to appear and Feb 24, 2014 · information under Right to Information Act and certified copy of the impugned order is received by him on 18. An application for restoration was filed before the High Court on 05. Length of delay is no matter, acceptability of the explanation is the only criterion. Aug 28, 2003 · the application for condonation of delay has also adverted to the legal tenability of the interim order in a matter of appointment and approval of a teacher, and condoneurged in the affidavit and the stand put forth by the respondents herein for condonation of delay are that they were not aware of the order passed by the learned Single In the Indian judiciary system, the ability of a court to condone a delay in filing an appeal or application is generally contingent upon the submission of a formal application for condonation. May 16, 2024 · The bench of the Maharashtra Real Estate Appellate Tribunal ('Tribunal'), comprising Justice Shriram R. H2/27839/2017/DPI DT:25/04/2017. 2022, considering the delay condonation matter 1st, after affording opportunity of hearing to both the parties, as Creating your profile on CaseMine allows you to build your network with fellow lawyers and prospective clients. No. P4) for condonation of delay. 12. 37 to condone the order set aside maintainable. The procedure is as follows- Dec 24, 2024 · Headline. 51 180. itself had all the ingredients of the application. Jagtap (Judicial Member) and Dr. 123-L/2021 There is a delay of 72 days in filing the present petition for leave to appeal against the order of the High Court whereby post-arrest bail has been declined to the petitioner. However, the appeals were dismissed noting that the order was passed in the presence Mar 4, 2025 · The Supreme Court restored an order of the Trial Court rejecting the application for condonation of delay of 1312 days in a property dispute matter after noting that the application to set aside the ex-­parte decree was purely experimental and there was falsity writ large in the submission of the lawyer having misplaced the files. The judgements deal with ‘condonation of delay’ that is used to describe the delay caused in bringing cases or applications to the courts. Resultantly, LPA ( Condonation of delay refers to the judicial discretion to overlook the delay in filing an appeal or application. The procedural provision gives Feb 12, 2015 · Application No. If a corporation misses the deadline for filing an application or document, it must apply to the Central Government for a delay condonation under Section 460 in order for the delayed application or document to be accepted. There is no central or universal legislation governing the condonation of delay. Having heard the learned counsel for the petitioner and the learned Senior Standing Counsel appearing for the respondents, I am of the view that the petitioner is right in contending that the application for condonation of delay should be considered not on the merits of the claim putforth by the petitioner, but on the question as to whether there was sufficient reason for condoning the for orders, submitting the application for CES by Sri. Proceedings in the High Court. Thereafter, on 29. Supply of papers to Dec 27, 2024 · The application under Order 9 Rule 13 CPC. 2021, there was no requirement of filing an Application for condonation of delay by the Appellant and the Appeal cannot be held to be barred by time. Date : Government Order with Subject. deal with the complete timeframe and a detailed account of the delay, which is what the court in Uitenhage set as a standard. The Kerala High Court has held that the income tax authorities cannot issue recovery cum garnishee orders during the pendency of a condonation application. 2011 and now are submitting false data. ” {Para 13} 12. Recovery proceedings will be suspended until the appeals are resolved. (Read the bottom part of this compilation for explanation of the reasons. മലയാളം Oct 7, 2024 · Condonation of Delay: Understanding the Concept. The writ petition was filed challenging Ext. There is no law which requires that application for condonation of delay must accompany the change report. 08. C. May 31, 2023 · Accordingly, application for condonation of delay is rejected and the appeal would be liable to be dismissed on ground of delay. 2018. 2011. 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. 2021. 500 of 2020 (for condonation of delay in filing restoration dismissed in default on 17. Implications: This judgment clarifies the factors relevant for delay condonation before the Dec 17, 2024 · If you intend to file an application after 18th November 2024, it is crucial to understand the time limits for submitting a request for condonation of delay. roc/s-454/10a/ 44 /2020 dated. Such an application for condonation of delay letter format is a short letter which includes all essential points in relation with delay in IT filing. Civil Application is accordingly dismissed. 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 respondent argues that additional time was needed to thoroughly review all relevant documents and facts of the case in order to properly counter allegations made by the petitioner and bring all material facts before the court. The Petitioners also disputed the contents of Apr 9, 2024 · (vii) Merits of the case are not required to be considered in condoning the delay; and (viii) 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. 5) There is no financial commitment in allowing condonation of delay for submitting application ior change of post. e. Dec 7, 2024 · Kerala High Court held that considering merits of the matter while deciding application for condonation of delay for filing revised returns not justified. Justifying the Delay Feb 10, 2023 · (vii) In (Postmaster General and others vs. Condonation of delay 2. The petitioner on coming to know of the ex parte decree having been passed against her filed an application under Order 37 Rule 4 of the CPC read with Section 5 of the made by the defendant under Section 5 of Limitation Act read with Order 37 Rule 4 of CPC is allowed. This being one such case, we are left with no choice but to dismiss the application for condonation of delay. Introduction; State the purpose of the application clearly. 4) At present, there is no provision for the condonation of delay in submitting an application for a Dec 18, 2024 · Introduction To Condonation of Delay. 2016, along with an application for condonation of delay. Once you create your profile, you will be able to: Oct 5, 2016 · A batch of writ petitions questioning the order of the Controlling Authority under the Payment of Gratuity Act, 1972 and Assistant Labour Commissioner (Central) under which order he has rejected the objection of the writ petitioner -respondent (the employer) as to the delay in filing the claim application for gratuity, has been allowed by the Oct 7, 2021 · Procedure for condonation of delay. guidelines for admission and promotion for the year 2022-23:circular no. 20083. The doctrine of “Sufficient Cause” 2. 1089/BSP/2013 for condonation of delay. The petitioner in W. An additional affidavit supporting the delay application was filed on 27 th June, 2023. P11 application under section 17 of the SARFAESI Act. The petitioner contends that applicationcondonation of delay should have been filed along with change report. The Petitioners appeared before the School Tribunal and denied the 4. Trivedi and Pankaj Mithal refused to Dec 17, 2019 · The legislature has conferred the power to condone delay by enacting Section 5 [ 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 appellant or the applicant satisfies the court that he had sufficient cause Feb 27, 2014 · the application was rejected and the file was closed by the learned sub Judge. contents of the delay condonation application. 2,58,100/- on 28. Courts recognize that various factors may hinder timely submissions, and the purpose of condonation is to ensure that justice is served rather than allowing strict adherence to deadlines to result in injustice. Feb 3, 2025 · 2. 3. Dhiraj Gupta and Others". One year and nine months after the filing of the application for condonation of delay, another application was moved seeking time for filing a supplementary affidavit explaining the delay. CM 2481/90 for condonation of delay in filing the revision petition is allowed. P(C) No. The application may also be filed online on the income tax portal in the ‘Condonation request’ section under the ‘services’ tab. Dec 16, 2024 · If you intend to file an application after 18th November 2024, it is crucial to understand the time limits for submitting a request for condonation of delay. 07. Mathew s High Moreover, in my considered opinion, both the application for condonation of delay and the appeal should not be decided together. 119(2)(b) of Income Tax Act should solely assessee the condonation in preferring the refund application. 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… Jun 19, 2024 · In terms of impugned order, the Appellate Authority (National Company Law Tribunal) Division Bench I Chennai declined to entertain the appeal preferred against rejection of claim of Appellant by the Liquidator on the ground that no specific application seeking condonation of delay was filed beyond the prescribed period of 14 days. The term “condonation of delay” refers to a court’s discretionary authority to prolong the time allotted for submitting an application or appeal. 2016 passed in C. (P) No. 3. State of Kerala, 2023 SCC OnLine Ker 595, decided on 23-01 Dec 31, 2021 · KERALA ADMINISTRATIVE TRIBUNAL THIRUVANANTHAPURAM No. 5. Title: APPLICATION FOR CONDONATION OF DELAY. 2020-21, the due date for which had expired on 31. Section 5 of the Limitation Act, 1963 . 2021, both dates being fully covered within the order dated 08. In summary, the Supreme Court’s elucidation of the principles of condonation of delay underscores the paramount importance of timely legal action in Indian jurisprudence. dated 06/12/2021 RRR Hef kk ee AA ff A A A II ICCC RR A ICCC SCG HI ICSC ooo The direction issued in the notification read above, to register and number the Miscellaneous Application Aug 22, 2024 · The applications for condonation of delay should have been regarded without being too hyper-technical and in a judicious manner, ruled by the Kerala High Court. " 3. Summary. The High Court dismissed the application for condonation of delay on the ground that the delay in The review application is an application under Rule 5A of the Debt Recovery Tribunal (Procedure) Rules, 1993 and such application can be filed within 30 days from the date of the order. Apr 28, 2024 · Negligence, lack of diligence, or other lapses on the part of the litigant may preclude the condonation of delay, irrespective of the establishment of sufficient cause. The registrar of companies kerala and lakshadweep adjudication order no. 678 of 2011 along with an application for condonation of delay in filing the appeal. application. 04. 05. Feb 24, 2020 · Draft Board Resolution: “RESOLVED THAT pursuant to the provisions of section 460 read with section ——— of the Companies Act, 2013 and rules made thereunder (including any statutory modification/s or re-appointment/s thereof for the time being in force), the consent of the Board be and is hereby accorded to file an application to Ministry of Corporate Affairs (‘MCA’), for Jan 12, 2025 · The Court made these observations while deciding an appeal against an order passed by the High Court, allowing a delay of 6 years (about 2200 days) in filing a recall application. Rule 1: Written Statement 2. They also acknowledged the Supreme Court’s orders, which extended the limitation period. TheBoard of Director being the highest authority in the Corporation, is competent to consider the condonation of delay beyond five years for compassionate appointment. Apr 9, 2012 · 1. This provision enables the extension of the prescribed period if the applicant can substantiate “sufficient cause” for the delay. 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. The rules regarding the approval of appointment are given in Rule 8 Chapter XIV A of KER. Mariyadasan as an Office Attendant at St. Section 5 of the Limitation Act, 1963, is the principal provision that deals with condonation of delay. M. 51 179. 2 in rejecting the application seeking permission for condonation of delay and permit to file income tax return for the A. 04/12/2024 : G. Step 6: On the Provide reason for delay page, select the reason for your delay and click Submit. It was noted by the bench of Justice Gopinath P. the defensibility of the order condoning delay, it is seemly to state the obligation of the court while dealing with an application for condonation of delay and the approach to be adopted while considering the grounds for condonation of such colossal delay. gaxxh twfpsb cbingx ekkdr ehb kfwj cmkw stnxxt ctchttym tdosch ekhdhflb oddrky cgnvifhj hxqe uapfuxzb