Can delay in filing an appeal be condoned?
Asked by: Ms. Neha Jones DVM | Last update: July 14, 2026Score: 4.7/5 (48 votes)
Yes, a delay in filing an appeal can be condoned if the appellant provides a sufficient cause that prevented them from filing within the prescribed timeline. While courts generally favor a "justice-oriented" approach over technicalities, condonation is a discretionary remedy, not an automatic right.
What are the grounds for condonation of delay in appeal?
To get a delay condoned in court, the party must prove “sufficient cause” for the delay, showing that the reason was valid, unavoidable, and beyond their control, without negligence or bad faith.
Can an appeal be filed after 90 days?
In Section 107 of the CGST Act, the prescribed period for appeal is 90 days from the communication of the impugned order, with an additional 30 days that may be condoned by the appellate authority. There is no provision for condoning delay beyond this additional 30-day window. 17.
Is there a time limit for appeals?
There are time limits, or deadlines, for filing an appellant's notice in the Court of Appeal. The time limits vary depending upon the type of appeal that is being brought. In most cases the time limit is 21 days from the date the lower court made the decision being appealed (not the date of the sealed order).
When can delay be condoned?
Condonation of delay is the remedy provided to the parties if they fail to approach the court during the limit that the law has provided to them. This remedy is exercised at the discretion of the court.
Sufficient Cause alone is NO ground to Condone the Delay. Supreme Court Rulings | Legal Analysis
Who decides if a delay is condoned?
It empowers the court to condone the delay on sufficient cause. It vests on the court the discretion to admit appeal, revision, review or application after the expiry of the prescribed period on sufficient ground but such discretion must be exercised judicially and not arbitrarily.
What are the grounds for condonation?
The degree of lateness of the referral. The reason for the lateness. The prospects of success on the merits. The prejudice to both parties which includes the importance of the matter to each party.
How many times can an appeal be filed?
In theory, there's no strict numerical limit to how many times you can file an appeal in a federal case. However, in practice, your options become more limited with each petition or motion, and courts impose procedural barriers to prevent repetitive or meritless filings.
What is the period of limitation for appeals?
1. Civil Appeal against any judgment or order. 90 days The date of the judgment or order.
Why is the appeal taking too long?
Appeals generally take a long time due to massive backlogs, complex legal or administrative procedures, and the need for thorough, manual reviews. Because the specific timeline depends entirely on what you are appealing, the exact process and typical reasons for delays vary significantly.
What is the best way to win an appeal?
Winning an appeal requires proving that a significant legal error occurred during the trial, rather than simply re-arguing facts. Success depends on identifying specific errors, such as misapplication of law, procedural mistakes, or improper evidence, and presenting a compelling written brief within strict deadlines.
How much time do you have to file an appeal?
California. In California civil cases, you generally have 60 days after the clerk serves notice of entry of judgment to file an appeal. If no notice is served, there's a 180‑day backstop from the date of entry.
What is the limitation for filing a second appeal?
(2) The appellate court shall not entertain a second appeal unless it is satisfied that the case involves a substantial question of law. (3) The period of limitation for filing a second appeal under this section shall be ninety days from the date of the order or decree appealed against.
How to get condonation of delay?
Application for Filing of condonation request for the relevant Assessment years to PCIT/CIT(E) to condone the delay. Step 1: Go to the e-Filing portal homepage and Click on Login. Step 2: Enter the User ID and Password. Step 3: Go to Services > Condonation request > Application for statutory Forms.
What is the landmark Judgement on delay condonation?
Justice Bose stated that the Court cannot allow delays to be condoned merely because the case presents an arguable point of law or a dispute of significant public or private importance. Role of the High Court's Decision: The Supreme Court upheld the High Court's decision to not condone the delay.
How do I get a delay condoned?
Legal Grounds for Condonation of Delay - The primary basis for condoning delay is the presence of a sufficient cause that explains the delay, which must be reasonable, credible, and bona fide.
Can an appeal be filed after 30 days?
Article 154 provides a period of 30 days for an appeal under the Code of Criminal Procedure to any court other than the High Court and Article 155 provides a period of 60 days for an appeal to the High Court against a conviction under the same Code.
What are the 5 steps of the appeal process?
After a Decision is Issued
- Step 1: File the Notice of Appeal. ...
- Step 2: Pay the filing fee. ...
- Step 3: Determine if/when additional information must be provided to the appeals court as part of opening your case. ...
- Step 4: Order the trial transcripts. ...
- Step 5: Confirm that the record has been transferred to the appellate court.
Can you appeal after 28 days?
Making an appeal.
You may have to make your appeal quickly. Usually within 28 days of your conviction or sentence. You may be able to appeal after this. Ask your solicitor for advice.
What percentage of cases get overturned on appeal?
Appeals have a low chance of being overturned, with roughly 90% of lower court decisions being affirmed. In many jurisdictions, such as California, less than 20% of civil appeals succeed. While some specific court divisions or specialized appeals may see higher reversal rates, the vast majority of appeals are unsuccessful.
What does "oye oye oye" mean in court?
"Oyez, oyez, oyez" (pronounced oh-yay) is a traditional court call meaning "Hear ye!" or "Listen!" Derived from Anglo-Norman French and used three times, it serves as a formal command to command silence and attention at the opening of a court session, particularly in the Supreme Court of the United States.
What is the hardest case to win in court?
Treason is generally considered the hardest criminal charge to prove, while medical malpractice is widely viewed as the most difficult type of civil case to win. Both face unique legal or evidential hurdles that set them apart from standard litigation.
What are some examples of condonation?
For example, if a wife did not object to her husband's adultery even though she was aware of it, and she later tries to use it as grounds for a divorce or the basis for a settlement in her favor, he could counter these efforts by arguing that she had condoned his behavior.
What is the time limit for condonation?
You have six months from the date of the court order to apply for condonation.
What happens after condonation is granted?
If condonation was granted, the dispute would proceed to the next process being either conciliation or con-arb. If condonation was refused, the CCMA cannot hear the dispute any further. The applicant may challenge the decision at the Labour Court.