Slp filing during vacation
Anushkumar
(Querist) 25 May 2012
This query is : Resolved
Dear Sir,
In our case for one of the SLP the limitation of 90 days ends on May 31,2012 during which the SC is in vacation. The SC shall resume office on July 2, 2012. Whether the limitation of 90 days get extended by the vacation period or the 90 days has to be strictly followed. If the SLP is filed after May 31, 2012 but before the vacation, whether the same shall require a condonation application.
Please provide you comments
Regards
Adv Jaydeep A Tanna
(Expert) 25 May 2012
Respected Sir / Madam,
Limitation period is 90 day, if in such period there is vacation in SC before end of your limitation period, such period can be extended the days left of 90 day ie if your limitation period end on June 3rd, vacation of SC start from May 31st and it end on July 2nd than you will get 3 days of limitation so your limitation end on 5th July,
Even if there is delay after limitation in filing, if there is reasonable ground you can file even after the limitation period.
Anirudh
(Expert) 25 May 2012
In fact there is a vacation bench of SC sitting during vacation.
One can file the SLP even during vacation.
adv. rajeev ( rajoo )
(Expert) 25 May 2012
When the court will be on vacation, you need not to worry. You will have to file SLP immediately after opening of the court, because limitation expires on May 31.
R.K Nanda
(Expert) 25 May 2012
In case of urgency you can file SLP in vacation also.
Adv.R.P.Chugh
(Expert) 25 May 2012
Dear Querist,
1. Filing is possible in Vacations if it's an urgent matter. The matter is taken up by the vacation bench.
2. S.4 of the Limitation Act provides that when the prescribed period expires on a day on which the court is 'closed' then the same may be filed after the court reopens. The Court can be said to be 'closed' for ordinary matters during vacation, but with this - you have to file on the first day court re-opens.
3. In any case since it's an appeal/SLP S.5 Limitation Act would apply and Appeal can be filed after prescribed period on showing sufficient cause for not filing it, The courts construe sufficient cause liberally, and if there is no neglect/lack of bona fide on your part expect utmost consideration by the Court.
Out of all this - 1st is most preferable.
Feel free to get anything clarified !
Suhail A.Siddiqui
(Expert) 25 May 2012
Registry remain open you can file SLP at any time. other advise as per above experts
Suhail A.Siddiqui
(Expert) 25 May 2012
Registry remain open you can file SLP at any time. other advise as per above experts
Suhail A.Siddiqui
(Expert) 25 May 2012
Registry remain open you can file SLP at any time. other advise as per above experts
Suhail A.Siddiqui
(Expert) 25 May 2012
Registry remain open you can file SLP at any time. other advise as per above experts
Anushkumar
(Querist) 28 May 2012
Thank you everybody for the replies
regards,
Anushkumar
Anushkumar
(Querist) 28 May 2012
Thank you everybody for the replies
regards,
Anushkumar
Shonee Kapoor
(Expert) 29 May 2012
nothing left to be added.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
