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Showing posts with the label condonation

A liberal view must be taken in matters of condonation of delay.

Lahoti Overseas Ltd vs. DCIT In every case of delay, there can be some lapses on the part of the litigant concern. That alone is not enough to turn down the plea and to shut the doors against him, unless and until, it makes a mala-fide or a dilatory statutory, the court must show utmost consideration to such litigant. In matters concerning the filing of appeals, in exercise of the statutory right, a refusal to condone the delay can result in a meritorious matter being thrown out at the threshold, which may lead to miscarriage of justice. Since the employee who was earlier handling the tax matters of the assessee company, while leaving the job of the assessee company, did not handover the relevant papers either to the assessee or to the next person, a fact which caused the delay, the delay was liable to be condoned by taking a lenient view. Article referred: http://itatonline.org/archives/2016/05/page/2/

Delay - condon - limitation

The proof by sufficient cause is a condition precedent for exercise of the extraordinary restriction vested in the court. What counts is not the length of the delay but the sufficiency of the cause and shortness of the delay is one of the circumstances to be taken into account in using the discretion. Supreme Court of India State Of Nagaland vs Lipok Ao & Ors on 1 April, 2005 Author: A Pasayat Bench: Arijit Pasayat, S.H. Kapadia            CASE NO.: Appeal (crl.)  484 of 2005 PETITIONER: State of Nagaland RESPONDENT: Lipok AO & Ors. DATE OF JUDGMENT: 01/04/2005 BENCH: ARIJIT PASAYAT & S.H. KAPADIA JUDGMENT: J U D G M E N T (Arising out of S.L.P. (Crl.) 4612 of 2003 ARIJIT PASAYAT, J. Leave granted. The State of Nagaland questions correctness of the judgment rendered by a learned Single Judge of the Gauhati High Court, Kohima Bench refusing to condone the delay by rejecting the application filed under Section 5 of t...