The question before the court is whether a mistake was bona fide or was it merely a way to cover an ulterior purpose. 2. a. Possible pregnancy, but like you said, check again to be dure. The petitioner had filed an appeal for condonation of delay, however the file got mixed up in the Registry of High Court. Everything was getting on the right but after travelling some distance, our bus began producing honking sound and immediately stopped. A railway official told us that it was one of the worst floods in the state and the railway tracks were submerged under 2-3 inches of water.
Law will not respond to carelessness on your part. the raising or rising of a body in air by supernatural means. A General History and Collection of Voyages and Travels, Vol. However, we managed to get there in August, which was a great experience for all of us. How to use retard in a sentence. The words “sufficient cause” need to receive a liberal construction. Hello, I am 4 days passed my period due date.
Generally, it is as follows: The term Condonation means that the offence (of ignoring the law of period as prescribed by the Act) is impliedly disregarded and the matter shall process as if no offence has been committed. Delayed deliveries cause customers to complain. “Affect” vs. “Effect”: Use The Correct Word Every Time. What Is The Difference Between “It’s” And “Its”? The expiry of such time period leads to extinguishing the remedy of the aggrieved party. But it didn’t. , pointed out that if a party in a particular manner due to wrong advice given by their legal advisor, they cannot be held liable for negligence and can still be permitted to plead under Section 5 of the Limitation Act. a decision based on evidence rather than on the technical and procedural ground. Search I got delayed and thousands of other words in English definition and synonym dictionary from Reverso. The Law of Limitation ensures that the case is filed within the prescribed period so as to avoid unnecessary delays and is the epitome of the maxim, Vigilantibus non dormentibus jura subveniten. b. The Court has a wide discretion in determining what constitutes as sufficient cause, depending upon the facts and circumstances of each case. When the time came that the meeting could no longer be delayed, Ruggles walked to her and extended his hand. prescribed certain principles which need to be followed while administering the doctrine of condonation of delay: Ordinarily, the litigant doesn’t stand to benefit by instituting an appeal late. 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. Other adequate grounds: Mistake of Court, Mistake of Counsel, Delay in getting copies, mislead by rulings, etc. Finally, all the process finished and I was delighted.Overall, that was one of my essential journeys that were hindered by an unexpected incident. To communicate to the appellant that he may not have to be ready as the condonation of delay is a condition precedent to hearing their appeal. According to it, any appeal or application may be admitted after the prescribed period if the applicant/appellant is able to satisfy the Court that they had “sufficient cause” for not instituting the appeal/application in the prescribed period. In this way, traveling is forever my first hobby. © Copyright 2016, All Rights Reserved.
Ramlal, Motilal & Chotelal v. Rewa Coalfields Ltd. , the Court held that while interpreting Section 5 of the Limitation Act, two important considerations need to be made: In case of expiry of prescribed period of prescription, a right in favour of the decree-holder arises, according to which the decree can be treated as binding between the parties. The reason why it was important was that it’s the last gathering we could have before going to university. To refer (a case) to another court for further consideration or action.
The Bench of three 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 delay cannot be refused to be condoned.
In this case, it was held that discretion given by Section 5 shouldn’t be defined or made concrete in such a manner that it converts a discretionary matter into a rigid rule of law. Delay due to the pendency of the writ petition. Retard definition is - to delay or impede the development or progress of : to slow up especially by preventing or hindering advance or accomplishment. , the need for a “rule of limitation” was justified. The petitioner had filed an appeal for condonation of delay, however the file got mixed up in the Registry of High Court. Weekly Competition – Week 4 – September 2019, Weekly Competition – Week 2 – October 2019, Weekly Competition – Week 3 – October 2019, Weekly Competition – Week 4 – October 2019, Weekly Competition – Week 1 – November 2019, Weekly Competition – Week 2 – November 2019, Weekly Competition – Week 3 – November 2019, Weekly Competition – Week 4 – November 2019, Weekly Competition – Week 1 – December 2019, Why the beginning of the legal profession is the hardest and why most lawyers fail to get anywhere in the practice, Circumstances for extension of limitation for filing suit (under the Limitation Act, 1963), Extension of Appeals and Applications for Sufficient Cause. My parents and I were travelling to Ahmedabad for my cousin’s wedding, and it was the middle of the monsoon season. General Principles of the Condonation of delay, Collector Land Acquisition v. Mst. However, we were travelling through Rajasthan, which is one of the drier parts of India. If the Court is refusing to condone the delay, it can result in a meritorious matter being discarded and the roots of justice being defeated. So it was very vital for me to reach at the provided time. The Law of limitation fixes a life span for such legal remedy. Find out! Law will not assist those who are careless of their right. Every day’s delay must be explained” does not mean the doctrine is to be applied in an irrational manner.
To inform the appellant filing a time-barred appeal that his action won’t be entertained unless it is accompanied by an application substantiating sufficient cause. Interest republicae ut sit finis lithium: It is for the public good that litigation comes to an end after a long hierarchy of appeals. Katiji. The Court held that the law of limitation is thus founded on public policy. The Limitation Act of 1963 is legislation which specifies the time period within which a suit is instituted, and enumerates provisions in case the suit is not filed within the period prescribed by Act. Trains and buses often get delayed because of reasons like traffic, fog and other unforeseen circumstances.