Delay in filing Archives

Bombay HC: 645-day delay in review petition not condonable; reasons such as counsel search, court’s vacation, and family wedding not ‘sufficient cause’

“The attempt was not made within the limitation period provided under the Limitation Act, but almost after 1 year from the date of the impugned judgment and much after the expiry of limitation period.”

Case Briefs High Courts

‘Non-filing of certificate at relevant stage is a curable defect’; Delhi HC sets aside order dismissing to take on record certificate u/s 65-B of IEA

The Court stated that certificate under Section 65-B of the IEA was a matter of procedure and by not allowing the same to be taken on record amounts to taking a hyper technical view which was against the settled preposition of law.

Case Briefs High Courts

Kerala High Court upholds Commercial Court’s refusal to accept delayed written statement

Referring to the amended portion of Commercial Courts Act, 2015 with Supreme Court’s interpretation, Kerala High Court found the Commercial Court’s refusal for acceptance after delay in filing written statement beyond 120 days justified.

Case Briefs High Courts

Delay in filing of charge sheet is a ground for grant of bail to accused: Kerala HC

Kerala High Court: A Single Judge Bench of Raja Vijayaraghavan, J., decided a bail application filed under Section 239 of the CrPC