What is the rule of condonation?
Asked by: Mr. Randi Bergnaum | Last update: November 12, 2025Score: 5/5 (62 votes)
The doctrine that the condonation of a marital offense, constituting a. ground for divorce, will bar the condoning spouse from thereafter relying on. that offense to obtain a divorce, had its origin in the English Canon Law, being. applied by the Ecclesiastical courts in the disposition of petitions for divorce a.
What is the law 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 an example of condonation?
For example, if a tenant fails to pay rent on time but the landlord continues to accept late payments without taking any action against the tenant, this may be considered condonation of the tenant's breach.
What are the rules for condonation of delay?
Section 5 of the Limitation Act talks about the condonation of delay. It provides that the court can accept any appeal or application when filed after the limitation period if the appellant or applicant shows that he had a sufficient cause for not filing the appeal or application within the prescribed period.
What is the legal definition of condonation?
: implied pardon of an offense by treating the offender as if it had not been committed.
Doctrine of Condonation (Explained)
What is the case law for condonation?
“It is now trite that condonation cannot be had for the mere asking. A party seeking condonation must make out a case entitling it to the court's indulgence. It must show sufficient cause. This requires a party to give a full explanation for the non-compliance with the rules or court's directions.
What is period of condonation?
Condonation of delay is a discretionary remedy exercised by courts wherein, upon an application made by a party who wishes to have an appeal or application admitted after the prescribed period, the court may condone (overlook) the delay if the party provides a “sufficient cause” that hindered them from filing the ...
What are the acts of condonation?
The law governing condonation may vary state to state, but generally it is an act to forgive one's spouse who has committed an act of wrongdoing that would constitute grounds for divorce in a marriage. Condonation is often used as a defense to a divorce.
What is the maximum condonation of delay?
Section 21(5) allows for condonation of delay up to 90 days on the presence of 'sufficient cause' that had led to the delay. Going even beyond the 90-day limit as provided by the statute, the Court has been generous in considering appeals that have a delay extending 90 days.
What is the Judgement on condonation of delay?
If the cause for delay would fall within the four corners of “sufficient cause”, irrespective of the length of delay same deserves to be condoned. However, if the cause shown is insufficient, irrespective of the period of delay, same would not be condoned.”, the court said.
What is the process of condonation?
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 meaning of condonation?
Definitions of condonation. noun. a pardon by treating the offender as if the offense had not occurred. forgiveness, pardon. the act of excusing a mistake or offense.
What is the defense of condonation?
One such defense is the defense of condonation, which is the “conditional remission or forgiveness, by one of the married parties; the condition being that the offense shall not be repeated.” For example, if one spouse forgives the other spouse for having an affair, he or she does so on the condition that the spouse ...
What happens if condonation is not 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.
What is a condonation request?
Condonation of delay is the process of requesting the Income Tax Department for allowing you to verify your ITR (after 120 days of filing your ITR) or submit your ITR (after the last date of filing) by citing the reasons of delay on your part.
What does condon mean in law?
1. to overlook or forgive (an offence) 2. law. (esp of a spouse) to pardon or overlook (an offence, usually adultery)
What are the principles of 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.
Is there a time limit for condonation?
An employee must refer the dispute to the CCMA within 30 days. If the employee fails to do this within that time period, he is required to make application to the Commission to condone the reason that he failed to refer his case timeously.
How to write condonation of delay?
It is therefore most respectfully prayed that this Honorable court may be pleased to: A. Condone the delay if any in filing the instant Special Leave Petition against the impugned Judgment and Order dated passed by the Honorable High Court of at in Writ Petition No.
What is a condonation in law?
condonation n
[Medieval Latin condonatio remission, pardon, from Latin condonare to give away, absolve] : voluntary overlooking or pardon of an offense. ;specif. : express or implied and usually conditional forgiveness of a spouse's marital wrong (as adultery or cruelty)
What is the power of condonation?
The condonation of delay is a remedy and not a right to the aggrieved party. Even if the party successfully provides a sufficient cause, the Courts have the discretionary power to deal with the application of condonation of delay. The word “sufficient cause” is an important phrase in this section.
What is a condonation fee?
Condonation is often used in the context of the judicial system. However, in the field of education, condonation refers to a fee that students have to pay if they do not have the required attendance at the end of the semester or year.
What are the grounds for condonation of delay?
- Subsequent changes in the law.
- Illness of the party.
- Party being a Pardanishin Lady.
- Imprisonment of a party.
- The party belongs to a minority group who has insufficient funds.
- Poverty or paupers.
- Party is a government servant.
What is a letter of condonation?
A condonation application is made through a written affidavit requesting a 'pardon' from the commission for the lateness in referring a matter. Section 191 of the LRA determines the time frames within which employees must refer disputes to the CCMA.
What is penalty condonation?
Under the program, SSS shall combine the principal and interest of a member's past-due short-term member loans into one consolidated loan while all unpaid penalties shall be consolidated and condoned upon full payment of the consolidated loan.