Describe an Important Journey That was Delayed. Condonation of Delay finds its mention in Section 5 of the Act which elaborates upon Extension of prescribed period in certain cases. I want to talk about a trip a few years ago in early July when I had just graduated from high school. The words “sufficient cause” need to receive a liberal construction. The question before the court is whether a mistake was bona fide or was it merely a way to cover an ulterior purpose. How many Word of the Day terms do you remember from the week of November 2–8, 2020? However, we were travelling through Rajasthan, which is one of the drier parts of India. It started raining about five hours into the journey and it rained incessantly for hours. Rule of limitation hasn’t been incorporated to destroy the right of parties, but to ensure that the parties don’t resort to dilatory tactics and seek their remedy promptly. , 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. We are looking at the results of what happens when justice is delayed or denied. The term “sufficient cause” isn’t defined explicitly and varies on a case-to-case basis. | Powered by. transitive often passive to cause a delay for someone or something, or to make them late. a decision based on evidence rather than on the technical and procedural ground. You should file the suit at the right time, during the limitation period. I was received with much state, but they delayed giving an answer about our house till next day. Delay due to the pendency of the writ petition. While difficult to estimate exact numbers, thousands of Americans die every year because of delayed or denied claims. But, once I thought of the other travel companions with me, I shouldn’t turn a blind eye to this issue. Instances where condonation can be granted. When I think about it, I don’t remember anything about the return journey. So it was very vital for me to reach at the provided time. Synonyms and related words +-To delay someone, or to make someone wait. Condonation of delay is a doctrine mentioned in the Limitation Act, 1963.The Act postulates time-limits for different suits and mentions the time period within which a … The appeal was allowed and the delay was condoned. If ovulation is delayed, you could have these symptoms too. Get free IELTS speaking, listening, vocabulary and writing practice samples and be 100% ready with an assortment of IELTS prep apps. My parents and I were travelling to Ahmedabad for my cousin’s wedding, and it was the middle of the monsoon season. Finally, after hours the train moved again. 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. This is an exhaustive article that aims to explain the Doctrine of Condonation of Delay and its principles. In this case, it was held that what counts is not the length of the day but the sufficiency of a cause i.e. the Court should follow a pragmatic and rational approach in explaining every single day’s delay. 4. I was a bit sad. 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. We missed the wedding, but we did attend the reception which was the next day. . Everyone on the bus was astonished. set back. the Court should follow a pragmatic and rational approach in explaining every single day’s delay. According to it, an application must be filed in case an appeal is presented after the expiry of the prescribed period. Period as prescribed in Schedule 1 to the Act. We reached Amritsar bus station at 11 am. Today, I am going to talk about one time when I got delayed because of something unexpected. 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. When I heard about this news, I didn’t care that much, honestly, because I felt that it has nothing to do with tourists, right? The Court held that the law of limitation is thus founded on public policy. But it didn’t. Trains and buses often get delayed because of reasons like traffic, fog and other unforeseen circumstances. t. On the other hand, condonation of delay is the safeguard to the law of limitation and bars certain cases in which the delay in filing the suit is justifiable, i.e. The Law of limitation fixes a life span for such legal remedy. This Article is written by Mehak Jain from Hidayatullah National Law University. Every day’s delay must be explained” does not mean the doctrine is to be applied in an irrational manner. The petitioner had filed an appeal for condonation of delay, however the file got mixed up in the Registry of High Court. Continuing to file further appeals may be equivalent to opening a floodgate which causes more wrongs than rights. We did the same and explained all to the manager. Other than that, the rule had been misread by the counsel, meaning that the mistake committed by the counsel was bona fide and not influenced by any mala fide intent. I vividly remember one scene when we entered a railway office to enquire when the train would leave. This doctrine is an exception to the limitation period. Other than an application under any of the provisions of, Order XXI of the Code of Civil Procedure, 1908. . Delayed definition, put off; postponed: delayed flights. 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. is proved, the application must not be thrown out or any delay cannot be refused to be condoned. For wellbeing reasons, the travel agency that helped us with part of our journey plans suggested postponing the outing a month later. © Copyright 2016, All Rights Reserved. The question before the court is whether a mistake was bona fide or was it merely a way to cover an ulterior purpose. It varies from case-to-case and the Court has discretionary jurisdiction to determine whether a case is suitable for condonation or not.
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