What is the criteria for condonation of delay under Section 5 of the Limitation Act 1963?
Section 5 of the Limitation Act talks about the condonation of delay. It provides that the court can accept any appeal or application when filed after the limitation period if the appellant or applicant shows that he had a sufficient cause for not filing the appeal or application within the prescribed period.
What is sufficient cause for condonation of delay?
Supreme Court of India. Cites 16 – Cited by 262 – Full Document. State Of Haryana vs Chandra Mani & Ors on 30 January, 1996. mistake of counsel by itself is always sufficient cause for condonation of delay.
What is under section 5 of Limitation Act?
So Section 5 of the Indian Limitation Act, 1963 which strictly prohibits from entertaining any application under this Section before the Executing Court which implies in its words that, “Any appeal or any application, other than an application under any of the provisions of Order XXI of the Code of Civil Procedure.
Can you file a case after the limitation period?
IF COURT IS CLOSED ON LAST DAY – If court is closed on last day of limitation, suit, appeal or application can be filed on next day when Court reopens. A misjoinder of parties or of cause of action shall be deemed to be a cause of a like nature mentioned above.
What is condonation of delay US 119 2 )( B?
Section 119(2)(b) of the Income Tax Act, 1961, provides for condonation of delay of any application or claims filed under the Act. The income tax authority allows the delayed claim if a taxpayer has faced genuine hardship that led to a delay in verifying your ITR within the 120-days deadline.
What does condonation mean in legal terms?
Condonation, in this sense, is the action of excusing a party’s failure to comply with the timeframes prescribed for referral of a dispute to the CCMA.
What is condonation of delay u/s 119 2 )( B?
What happens if condonation request is rejected?
Do keep in mind that till the time your delay condonation request is not accepted, you will not be able to file ITR. It is pertinent to note that there is no timeline specified for the approval or rejection of condonation request. However, usually such requests are processed by the tax department within 3 to 4 months.
What is condonation of delay under Companies Act 2013?
Section 460 of Companies Act, 2013 – Condonation of delay in certain cases. (b) where any document required to be filed with the Registrar under any provision of this Act is not filed within the time specified therein, the Central Government may, for reasons to be recorded in writing, condone the delay.
Who may be joined as plaintiffs?
All persons whose right to relief arises out of the same act or transaction or series of acts or transactions may be joined as Plaintiffs. The test is whether any common question of law or fact would arise if such persons brought separate suits (Order 1 Rule 1).
How do I write a condonation delay application?
4. 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.
Can I file recovery suit after 3 years?
LIMITATION: The suit can be filed within 3 years from the date of cause of action having arisen. The said period of limitation cannot be condoned.
What is condonation of delay under the Limitation Act?
Hence we can say that condonation of delay is the exception of the limitations act, 1963. Section 5 of the limitations act says about the extension of the prescribed time period if sufficient cause is given by the aggrieved party. It means that if the party doesn’t show any reasonable ground for the delay then his appeal gets rejected by the court.
What is Section 5 of the Limitations Act 1963?
Section 5 of the limitations act says about the extension of the prescribed time period if sufficient cause is given by the aggrieved party. It means that if the party doesn’t show any reasonable ground for the delay then his appeal gets rejected by the court. LIMITATION ACT, 1963
What is condonation of delay in the event of offers?
The term ‘condonation of delay’ is characterized under Section 5 of the Limitation Act in the event of offers. Condonation of delay is the extension of the prescribed period in specific cases. Section 5 in The Limitation Act, 1963 states “Extension of prescribed period in certain cases.
Does the doctrine of condonation of delay apply to execution proceedings?
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. The Doctrine of Condonation of delay doesn’t apply to execution proceedings as it deals with the Criminal Cases.