What is the case law for condonation?

What are the grounds for condonation?

There are several criteria that must be dealt with in an application for condonation. These are the degree of lateness, the reasons for the lateness, the referring party's prospects of succeeding with the referral and obtaining the relief sought against the other party and the balance of convenience.

What is the maximum limit for condonation of delay?

You must submit your condonation applications within five years from the end of the relevant assessment year. If you received a refund based on a court order, the five-year limit does not include the duration your case was pending in court. You have six months from the date of the court order to apply for condonation.

How to argue on condonation of delay?

2- If the delay is condoned, then the case must be decided after both parties have been provided with an opportunity of being heard before the court. But if condonation is refused, then there is a chance that a meritorious matter would be thrown out on the basis of technicalities.

What is the defense of condonation?

Within the legal profession, condonation (or a condonance) is a defence argument sometimes made when an accuser has previously forgiven or chosen to ignore an act about which they are now legally complaining. In some legal jurisdictions, and for certain behaviors, it may prevent the accuser from prevailing.

What is the latest judgement on limitation period?

2022, notwithstanding the actual balance period of limitation remaining, all persons shall have a limitation period of 90 days from 01.03. 2022. In the event the actual balance period of limitation remaining, with effect from 01.03. 2022 is greater than 90 days, that longer period shall apply.

What are the requisites for condonation?

For condonation to be legally effective, the following requisites must be met: Existence of a Valid Debt: There must be an existing debt or obligation owed by the debtor. Intent to Renounce the Obligation: The creditor must clearly intend to extinguish the debt, without requiring any reciprocation or payment.

Can any delay be condoned?

For a delay to be condoned, the applicant must provide a convincing, reasonable, and plausible explanation, such as serious illness, family emergencies, or other unavoidable circumstances. However, delays caused by negligence, lack of diligence, or indifference to legal procedures are not condoned.

What is a condonation ruling?

He / she is required to make application to the CCMA to condone the fact that he/she failed to refer the dispute timeously. 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 the biggest mistake during a divorce?

The biggest mistake during a divorce often involves letting emotions drive decisions, leading to poor financial choices, using children as weapons, failing to plan for the future, or getting bogged down in petty fights that escalate costs and conflict, ultimately hurting all parties involved, especially the kids. Key errors include not getting legal/financial advice, fighting over small assets, exaggerating claims, and neglecting your own well-being. 

What is the 80 20 rule in infidelity?

The 80/20 rule in the context of cheating suggests that people often cheat to find the missing 20% of fulfillment they feel their primary partner doesn't provide, while overlooking the 80% of needs that are met. This theory, adapted from the Pareto Principle, explains infidelity as a search for perceived deficits (excitement, validation, physical attributes) in someone new, often leading to the loss of the stable, satisfying 80% in the existing relationship, as seen in movies like Why Did I Get Married?.
 

How long does condonation take?

The commissioner will notify the parties in writing of the decision within fourteen (14) days and explain why condonation was granted or refused. Alternatively the commission may give a verbal ruling and follow this up with a written version thereof.

What are the requirements for condonation?

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.
• The applicant may make use of the CCMA's pro forma affidavits when applying for condonation.

What is the Supreme court judgement on condonation of delay?

Belated appeals can only be condoned, when sufficient reason is shown before the court for the delay. The appellant who seeks condonation of delay therefore must explain the delay of each day.

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.

Who decides on condonation of delay?

Power To Condone Delay Lies Only With Courts, Not Tribunals Unless Statute Expressly Permits: Supreme Court.

What is the case law of Section 17 of the Limitation Act?

Section 17 of the Limitation Act says that limitation period in respect of a fraudulent action will not commence until the fraud is known. The bench comprising Justices J.B. Pardiwala and R. Mahadevan was hearing the case where the dispute arose from a 2008 sale deed.

What is the order 11 rule 14 CPC judgment?

Order XI Rule 14 CPC, 1908, allows courts to order the production of documents during the pendency of a civil suit. The Supreme Court's recent decision in Sri Shrikanth NS v. K. Munivenkatappa clarifies that this rule cannot be invoked once a plaint has been rejected and no suit is pending.

What is a valid reason for condonation of delay?

Illness of the person filing the suit or appeal or application. Party is a pardanashin woman. Party is illiterate. Delay caused due to the pendency of the writ petition.

What to do if it's been 21 days and still processing?

If your federal refund is late, follow these steps:

1. Check the IRS Where's My Refund? site. The site has three different status options: ...
2. Contact the IRS if: It's been 21 days or more since you e-filed. The Where's My Refund? ...
3. Call the IRS using these numbers and these tips: For individuals: 800-829-1040.

What does sec 119 actually mean?

IRC section 119 section provides rules for excluding meals and lodging provided to an employee for an employer's convenience from the employee's gross income. Meals must be furnished on the business premises of the employer and lodging provided on the business premises of an employer must be a condition of employment.