Application for condonation of delay under section 5 of limitation act format. Today, I will talk about the case of Dr.
Application for condonation of delay under section 5 of limitation act format OF ______ IN THE MATTER OF: An application under Section 5 of the Limitation Act for condonation of delay in filing Civil Revision. 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. doc / . Apr 16, 2018 · Condonation of Delay is the extension of the prescribed period in certain cases; the particular delay has been defined in Section 5. no proper application under Order IX Rule 13 of CPC in. Limitation Act praying for condonation of delay. 43 of the Act. Affidavit. 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. This section allows a court to admit an appeal or application beyond the prescribed period if the party can prove that there was “sufficient cause” for not filing the appeal or application within the limitation period. Length of delay is no matter, acceptability of the explanation is the only criterion. 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. A …Complainant-/Opposite party. Relevant para nos. District………… Application under Section 5 of the Limitation Act for condonation of delay in filing __ Respectfully Sheweth : 1. One-time fee, lifetime access! Oct 18, 2023 · What is Section 5 of the Limitation Act, 1963? Section 5 of the Limitation Act, 1963 deals with the concept of condonation of delay. 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… Application for condonation of delay - Free download as Word Doc (. C. May 20, 2024 · 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. Apr 28, 2011 · Section 5 of the Limitation Act provides a remedy which says that a delay can be condoned on proving sufficient cause. Raghunathpur Nafar May 1, 2020 · 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. Feb 11, 2025 · In a significant ruling, the Supreme Court of India has provided clarity on the legal principles governing substitution of parties, abatement of appeals, and delay condonation under the Code of Civil Procedure (CPC) and the Limitation Act, 1963. Hence, the primary ground for condonation of delay is the establishment of “sufficient cause” for not adhering to the Feb 1, 2019 · Introduction To Condonation of Delay. Jan 9, 2024 · 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. Also, such condonation may apply to In this video section 5 of limitation act is discussed in detail i. the eye of law. A bench of Justice Vikram Nath and Justice Prasanna B. 2023] , the assessment order was passed on 12. This document discusses the doctrine of condonation of delay under the Limitation Act of 1963 in India. AND IN THE MATTER OF: X Wife of: Y Village: Bahadurpur P. 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. docx - Free download as Word Doc (. 11/2024 2. , medical emergencies, technical issues, or natural calamities). P. It summarizes that the appellant's parents fell ill, which prevented him from filing the appeal on time. All discretionary powers, especially judicial powers, have to be exercised within reasonable bounds, known to the law. 37 will be within the period of 90 days given under schedule of limitation act by application of S. That the applicant has filed a _____ in this Hon'ble Court. The State …Opposite party. 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 Jul 9, 2024 · 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. Length of delay is no matter; acceptability of the explanation is the only criterion. Apr 29, 2016 · It is axiomatic that condonation of delay is a matter of discretion of the court. 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. IN THE MATTER OF: Aug 2, 2006 · 4. 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 Feb 23, 2022 · 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 . 2. X Executive Vice President K Bank Limited Dilkusha […] An application under Section 5 of the Limitation Act, 1908 for condonation of delay. X Executive Vice President National Bank Limited Dilkusha […] Dec 27, 2024 · accompanied with an application under section 5 of the. 12. 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. As no. The document is an application filed in court requesting to condone the delay in filing an appeal against a lower court's judgement. condonation of delay 138 (1). 34(3) from under S. Aug 26, 2020 · Kuntal Kumari [5]: So in this case , the question before the Court of Justice was whether the delay in filing an appeal should be condoned pursuant to Section 5 of the Limitation Act. , for condonation of the delay in filing the written statement and re-fixed the matter Application for condonation of delay under section 5 of limitation act, 1908 is filed, when a suit or appeal or application is filed after passing of period 5 days ago · Under Limitation Act, 1963 – Condonation of Delay. This section allows condonation of delay in appeals and applications if “sufficient cause” is demonstrated. It defines condonation of delay as disregarding a missed deadline so a case can proceed as if no offense was committed. Jan 19, 2024 · EXCEPTIONS TO THE CONDONATION OF DELAY. He argues that the delay should be condoned in the interest of justice and deciding the case on DISTRICT: DHAKA IN THE SUPREME COURT OF BANGLADESH HIGH COURT DIVISION (CRIMINAL REVISIONAL JURISDICTION) CRIMINAL REVISION NO. Section 5 of the Limitation Act does not say that such discretion can be exercised only if the delay is within a certain limit. 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. In the recent past , the Honourable Supreme Court in Esha Bhattacharjee v. 5 of limitation act applicable from S. Key Highlights of CBDT Circular No. No application for condonation of delay in filing of Form No. Jun 4, 2023 · Condonation of delay applications is filed with appeals under Section 5 of the Limitation Act, 1963, permitting acceptance of appeals or applications beyond the prescribed period upon demonstrating sufficient cause. Regards. That the Complainant has filed the complaint on 16. Sufficient cause is determined on a case-by Apr 9, 2024 · After the lapse of more than 5/6 years, an appeal was filed before the High Court, challenging the dismissal of the reference. ……. pdf), Text File (. Section 5 in The Limitation Act, 1963 states “Extension of prescribed period in certain cases. District Judge was correct in allowing the Revision. docx), PDF File (. As laid down in this case, Section 5 of the Limitation Act gives Court discretion, which has to be exercised in a way in which judicial power and discretion ought to be exercised upon well-understood Oct 22, 2022 · APPLICATION UNDER SECTION 5 OF THE LIMITATION ACT 1908 FOR CONDONATION OF DELAY Respectfully Sheweth:- 1. A distinction must be made between a case where the delay is inordinate and a case where the delay is of a few days. Feb 19, 2025 · Taxpayers may apply for condonation if: The delay is caused by a reasonable cause beyond the taxpayer's control (e. 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. Sometimes delay of the shortest range may be 5 days ago · Conclusion of appeal under Section 128 of Customs Act. Application No…. This limit of six years shall be applicable to all authorities having powers to condone the delay as per the above prescribed monetary limits, including the Board. However, there are also certain exceptions restricting the scope of condonation of delay . 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. And, on hearing the cause shown, if any, to make the Rule absolute. 11 who felt aggrieved and filed the appeal. 9A/10/10B/1 OBB shall be entertained beyond three years from the end of the assessment year for which such application is made. The expression sufficient is very liberally construed by the Courts. Dec 18, 2024 · Delays may be forgiven under Section 5 of the Limitation Act, which falls within the previously stated range of Section 29(2). Broad Goal of Limitation Act: The broader goal of the Limitation Act of 1963 is to establish specific time limits for filing applications, appeals, or suits before the court. The Court further held that since the expression ‘sufficient cause' is undefined, the Courts are left with a well-intentioned discretion to decide its meaning on a case to case basis. Condonation of delay is the extension of the prescribed period in specific cases. Today, I will talk about the case of Dr. 3. The ambit of The previous ruling of the Hon'ble Apex court was overturned which included the limitation period of appeal lying under S. Dec 21, 2023 · The document discusses the rule against perpetuity under Section 14 of the Transfer of Property Act 1882 in India. Though Section 5 of the limitation act is an exception to the legislation itself. AND. 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. Varale made this observation while overturning… Feb 2, 2022 · 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 Mar 1, 2021 · What follows from this is that the application itself must be within time, and if not within a period of three months, must be accompanied with an application for condonation of delay, provided it is within a further period of 30 days, this Court having made it clear that section 5 of the Limitation Act, 1963 does not apply and that any delay Jun 22, 2022 · The said section reproduced shall be read with the Act invoked along with the Limitation Act. Below is a structured template and a checklist to guide applicants and advocates. such application was filed by the Appellant, there was. As laid down in this case, Section 5 of the Limitation Act gives Court discretion, which has to be exercised in a way in which judicial power and discretion ought to be exercised upon well-understood Jun 13, 2024 · 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 Oct 7, 2021 · The condonation of delay is addressed under Section 5 of the Limitation Act. Jul 27, 2024 · Section 5 of the Limitation Act, 1963 provides for the 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. DISTRICT – GAZIPUR IN THE SUPREME COURT OF BANGLADESH HIGH COURT DIVISION (CIVIL REVISIONAL JURISDICTION) CIVIL REVISION NO. The Doctrine of Condonation of delay doesn’t apply to execution “It is axiomatic that condonation of delay is a matter of discretion of the court. Jun 8, 2022 · 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. Section 5 allows appeals or applications to be admitted after prescribed periods if "sufficient cause" for the delay is shown. — 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 Application under section 5 of the Limitation Act for condonation of delay in preferring an appeal - Free download as Word Doc (. 2022. Feb 1, 2019 · Introduction To Condonation of Delay. Trivedi and Pankaj Mithal refused to application under section 5 of the limitation act for condonation limitation act for condonation of delay in filing the written statement on behalf of the Jan 2, 2025 · Section 5 of the Limitation Act. ” This provision is designed to ensure fairness by permitting courts to hear matters on their merits rather than dismissing them on procedural grounds. 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 Dec 31, 2024 · Ultimate Legal Bundle in English + Hindi + Gujarati + Marathi. The Court also noted that Limitation Act is applicable in the State of format of application for condolation of delay for suit of recovery Application for Condonation of Delay in Suit for Recovery Introduction. 1. Exceptions to Section 5: Applicable only to appeals 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. Sep 17, 2024 · A 2 (two) judge bench of the Hon'ble Bombay High Court ("Bombay HC") inNanji Dana Patel vs. No condonation application for claim of refund/loss shall be entertained beyond six years from the end of the assessment year for which such application/claim is made. That there is _____ days delay in filing the _____ due to the reasons ____. In the High Court of judicature at Allahabad. 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). 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. g. Apr 13, 2021 · The Himachal Pradesh High Court has, in a case, held that this provision in the Arbitration Act is evidently a substitute for the provisions of Section of the Limitation Act and by necessary implication, it excludes the applicability of Section 5 to Applications under Section 34 of the 1996 Act. The Limitation Act, 1963, sets the time limit for filing a suit or appeal. May 8, 2024 · In this case, the address some time lately the Court was whether the detainment in recording offer ought to be flitted under Section 5 of the Limitation Act, As laid down in this case, Section 5 of the Limitation Act gives Court caution, which has to be worked out in a way in which legal control and alert should to be worked out upon well Dec 7, 2023 · Limitation Act Exception: An exception for the Condonation of Delay concerning appeals is included in the Limitation Act. Aug 1, 2022 · 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 Section 5 of the Limitation Act, 1963 allows for the extension of time to file an appeal or application if the delay is justified by a “sufficient cause. The concept of condoning a delay is primarily preferred to the applications and appeal and does not Jul 22, 2023 · 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 on the judgment being challenged. This lesson is helpful for students preparing for judiciary, wh Mar 7, 2022 · The Supreme Court has observed that the power to condone delay under Section 5 of the Limitation Act does not apply to suits. 10. Civil Misc. In. Template for Delay Condonation Application: Title: Application for Condonation of Delay under Section 5 of the Limitation Act, 1963. Below is a format of affidavit for the petition for condonation of delay. 82 of 2023- VISHWANATH TRADERS- Order dt. Jan 20, 2025 · 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 Dec 5, 2024 · The Income Tax Act, 1961 allows taxpayers to seek relief for delays in filing Income Tax Returns (ITRs) under certain conditions. : Para 5. txt) or read online for free. The term ‘condonation of delay’ is characterized under Section 5 of the Limitation Act in the event of offers. 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. 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. Nov 11, 2024 · Section 5 of the Limitation Act: Enabling Delay Condonation. [24]Section 21 of the Commercial Courts Act[25] was 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. Aug 19, 2024 · 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. 11 with a delay of 33 days from the limitation period which was till 13. The taxpayer demonstrates genuine hardship due to the non-acceptance of the delayed claim. e. Feb 17, 2025 · 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. 11. 4. This power to the MM to condone the delay has been conferred by amendment made vide Negotial's Instruments (Amendment and Miscellaneous Provisions) Act, 2002. Oct 7, 2024 · Section 5 of the Limitation Act, 1963, is the principal provision that deals with condonation of delay. As stated in this case, Section 5 of the Limitation Act provides for the discretion of the Court, which must be implemented in such a way that judicial power and Section 5 applies to all applications except an application under 21 of code civil procedure. Joydevpur District: […] 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. S. Get 18,151+ legal drafts for contracts, agreements, HR, tax, and more. Thus, the High Court held that the Addl. Apr 29, 2020 · 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. Also, such condonation may apply to Aug 18, 2021 · However, at 4 PM itself, the Court accepted an application filed by the respondents under Section 151 C. Jun 27, 2018 · Under the said circumstances, Section 29 of the Limitation Act, will come in play. 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. Sep 24, 2023 · 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. Section 5 of the Limitation Act does not say that such discretion can be exercised only if the delay is within a certain limit. He had initially filed a criminal revision petition but it was objected to and he was directed to file a criminal appeal instead. The document is an application under Section 5 of the Indian Limitation Act to condone delay in filing an appeal. ” iii) In a case before Patna High Court [Civil Writ Jurisdiction no. Union of India - Section Section 5 in The Limitation Act, 1963 5. Apr 9, 2024 · 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. 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 Mar 7, 2024 · 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 State of Haryana, VATAP No. 27 of 2013 (O&M), the test under Section 5 of the Act was held to be a purely individualistic test and not an objective one. The order of demand was received on 15-12-2023. (Under Section 5 of Indian Limitation Act) In. Advocate for the appellants. 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. 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. Jan 22, 2025 · A meticulously drafted application for delay condonation is vital for persuading the court to exercise its discretion favorably. Oct 12, 2021 · INTRODUCTION . 3. It states that the appellant hired a new lawyer and filed the appeal only 14 days after the limitation period due to tending to his parents in the hospital DISTRICT: DHAKA IN THE SUPREME COURT OF BANGLADESH HIGH COURT DIVISION (CRIMINAL REVISIONAL JURISDICTION) CRIMINAL REVISION NO. Whilst considering applications for condonation of delay under Section 5 of the Limitation Act, the Courts do not enjoy unlimited and unbridled discretionary powers. IN THE MATTER OF : X, son of Y, of village – Kharia, Police Station- Shibpur, District- Narsingdi …Convict/ Petitioner (in Jail)-Versus-1. 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. 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. In exercising discretion under Section 5 of the Limitation Act the courts should adopt a pragmatic approach. That the learned Prescribed Authority has initiated the eviction proceeding under Section 4(1) of UP Act 22 of 1972 Sep 6, 2023 · 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. APPLICATION UNDER SECTION 142 (b) OF THE NEGOTIABLE INSTRUMENTS ACT, 1881 :-That the Complainant is the sole proprietor of Madeena Trading Company. Feb 10, 2023 · Whilst considering applications for condonation of delay under Section 5 of the Limitation Act, the Courts do not enjoy unlimited and unbridled discretionary powers. 1 Delegation of Powers 1. 8. 5. The condonation of delay means the extension of prescribed time in certain cases subject to sufficient cause. Section 5 of the Limitation Act, 1963 . You'll have to file a separate application under Section 5 of the Limitation Act seeking condonation of delay. Referring to a few Supreme Court decisions, the High Court observed that while deciding an application under Section 5 of Limitation Act, the courts must adopt a liberal approach, provided there is no gross negligence, deliberate inaction or lack of bona fide imputable to the party seeking condonation of delay. Section 5 of the Limitation Act, 1963, provides a framework for condoning delays in cases where the appellant or applicant has a “sufficient cause” for not filing within the prescribed period. Extension of prescribed period in certain cases. Mar 23, 2021 · 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 Sep 25, 2018 · 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. The Division Bench of Justices Bela M. Yashwantrao Bhaskarrao Deshmukh v. Dec 23, 2024 · 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. Dec 2, 2024 · 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 doctrine is applicable only in the cases of criminal proceedings. Dec 23, 2024 · 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. The court emphasized that the petitioner has a statutory right to seek such condonation, particularly since the delay was marginal. Neither Commissioner (Appeals) nor CESTAT can condone a delay beyond this period. 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. It includes an affidavit stating that the appeal papers were misplaced in the advocate's office due to an oversight by the deponent clerk. Length of delay is no matter, acceptability of the explanation is the only criterion. Order 21 of the code deals with the law relating to the execution of decrees and orders. 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. A Aug 8, 2016 · It is axiomatic that condonation of delay is a matter of discretion of the court. 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. May 12, 2022 · 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. condonation of delay. 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. 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. Nov 18, 2024 · 3. The Court clarified that Section 5 of the Limitation Act cannot extend statutory deadlines explicitly defined in special laws like the Jan 8, 2024 · 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 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. qygyds keeneu wnhfd fqbc emps ogambbk poam bwij xqeolyr akklcxkf eixlfza xuvm mcieyem vgfe lozubstx