Section 306 to 308 of CRPC || Tender of Pardon to Accused Person ||
Acceptance
The limitation Act 1963 article 5 condonation of delay #judiciaryexam#law#llb (lecture 4)
COMMENTS
Nair v Telkom SOC Ltd and Others (JR59/2020) [2021] ZALCJHB 449 (7
7.5 the Condonation Application was served and filed on 11 August 2020 (although Telkom contended that it was served and filed on 5 May 2020). [8]The length of the delay was not common cause. Mr Nair contended that the delay was 28 (twenty-eight) days in light of the dies non period over December 2019 and January 2020.
PDF THE SUPREME COURT OF APPEAL OF SOUTH AFRICA JUDGMENT Not ...
document in compliance with the law and SAFLII Policy THE SUPREME COURT OF APPEAL OF SOUTH AFRICA JUDGMENT ... Application for condonation - adequacy of explanation for delay - attorney remiss - section 5 (1) of the Insolvency Act 24 of 1936 considered. ... appeal, but also, where this is the case, any delay in seeking condonation, must ...
Minister of Public Works v Roux Property Fund (Pty) Ltd (779/2019
Case No: 779/2019 . In the matter between: ... application for condonation in terms of s 3(4) - whether s 3(4) permits condonation for non-compliance with the ... , viz the subject's right to have the merits of his case tried by a court of law and the right of an organ of state not to be unduly prejudiced by delay beyond the statutorily ...
PDF Case No : J5081/00 in The Labour Court of South Africa ...
This is an application for condonation by the respondent for the late filing of its response to the applicants' statement of claim. ... 2.4.1.2Mr Le Roux states that "this modification to the currently prevailing case law may with respect, excuse the omission in serving and filing answering documentation at some earlier stage in terms of ...
Steenkamp and Others v Edcon Limited CCT29/18
The application was brought out of time. The Labour Court granted condonation for the late filing and held that the employees had provided a plausible explanation for their delay because they had initially relied on the common law cause of action which, although it had since been overturned, was competent at the time.
PDF THE LABOUR COURT OF SOUTH AFRICA, JOHANNESBURG JUDGMENT Not Reportable
condonation. The application to condone the late filing of the review application The degree of lateness [4] The applicant in its founding affidavit supporting the review application sets out his case in support of the condonation application. [5] The application for review was served on 19 October 2017. That is
PDF In the Constitutional Court of South Africa Held at Johannesburg Cc
11. More specifically in the case of late applications for leave to appeal before the Constitutional Court, this Honourable Court held in the matter of Brummer v Gorfil Brothers Investments (Pty) Ltd and Others9 that the broad test for granting condonation in applications of this nature was 8 1962 (4) SA 531 (A) At 532b-E
PDF CONDONATION RULING
[14] In the case of Melane V Santam Insurance co Ltd 1962 (A) at 532B-C. It was held that the factors that should be considered in an application for condonation are interrelated and not individually decisive. The weight to be attached to any one of these factors may vary from case to case. What is
PDF IN THE LABOUR COURT OF SOUTH AFRICA HELD AT JOHANNESBURG Case No : JS554/08
[3] This application for condonation was moreover brought some five months after the applicants' had filed their statement of case and is opposed by the respondent. The legal test [4] The test for condondation is now well established. In Melane v Santam Insurance Company Limited 1962 (4) SA 532 (A) Holmes J.A set out the applicable principles as
PDF THE SUPREME COURT OF APPEAL OF SOUTH AFRICA JUDGMENT THE ...
application by that date, nor did they seek an extension. The application for leave to appeal was only lodged on 12 July 2018, with an application for condonation. The condonation application and application for leave to appeal were set down for hearing on 31 May 2019. However, on that day, the Board brought an application seeking a
Felisberto v Meyer (SA 33 of 2014) [2017] NASC 11 (12 April ...
Coram: MAINGA JA, HOFF JA and FRANK AJA Heard: 17 March 2017. Delivered: 12 April 2017. Summary: Condonation application - non-compliance with the provisions of rules of court - rules 5(5), 8(2), 8(3) and 11(1). Legal principles applicable restated. Condonation application must be lodged without delay and applicant must provide a full, detailed and accurate explanation for the delay.
Case law update
Introduction. In this case law update, the various legal principles relating to the test for review, res judicata, condonation applications in the CCMA, and the correct calculation of the date of ...
PDF Republic of South Africa in The High Court of South Africa ...
amount to valid and sustainable defence in law. [14] Even if condonation for late filing of their rescission application is granted, the applicants have no prospects of success in their rescission application. The applicants' condonation application stand to fail on the basis that the
Muwani v Mugumwa and 2 Others (116 of 2023) [2023] ZWHHC 116 ...
I find no merit in the application for condonation and will thus order as follow; - Application for condonation of late noting of an application for rescission of judgment be and hereby dismissed with costs. L.T. Muringani Legal Practice-applicant`s legal practitioners. R. Murambasvina Law Chambers-first respondent`s legal practitioners.
S v Tichawangana (HB 126 of 2021; HCA (COND) 63 of 2019) [2021] ZWBHC
Case number HB 126 of 2021 ; HCA (COND) 63 of 2019 Judges Makonese J ... It is a well established principle of our law that in an application for condonation for the late noting of an appeal, the application must show ex facie, the grounds of appeal and the explanation for the delay. Condonation is not a formality and the courts will not ...
Desi Kanoon- Your Daily Dose of Law: Supreme Court on Condonation of
INTRODUCTION . Today, I will talk about the case of Dr. Yashwantrao Bhaskarrao Deshmukh v. Raghunath Kisan Saindane, 2021 SCC OnLine SC 914, wherein the Hon'ble Supreme Court discussed the important points that are to be considered while deciding an Application under Section 5 of the Limitation Act, 1963 seeking condonation of delay.. SECTION 5 . Section 5 of the Limitation Act provides that ...
PDF (Northern Cape High Court, Kimbeley)
the application to compel dated 06 March 2019 and an answering affidavit. On 05 December 2018 the applicants brought the application for condonation for failure to serve the notice in terms of section 3 of the Act. According to the Minister if the application for condonation fails that would be the end of the matter. It would
Case Analysis on RFS Infrastructure Vs. Mukul Kumar, 2023
Analyzing the Position of Law in Condonation of Delay in Filing Claims Precedents dealing with the issue of condonation of delay. In the case of Twenty- First Cenhiry Wire Roads Ltd., the Insolvency commencement date was September 2018 and the claim by one of AMA Agencies came up in March 15, 2019. The resolution plan was pending for the ...
[Supreme Court: Any tom dick and harry cannot file condonation of delay
The Supreme Court has on May 8, 2024 said an application seeking condonation of delay filed at the behest of the stranger, who is not a party to the proceedings, is totally illegal. "If the approach as adopted by the trial court is approved, any Tom, Dick and Harry would be permitted to move an application for condonation of delay in filing an application for restoration of the suit even if he ...
IMAGES
VIDEO
COMMENTS
7.5 the Condonation Application was served and filed on 11 August 2020 (although Telkom contended that it was served and filed on 5 May 2020). [8]The length of the delay was not common cause. Mr Nair contended that the delay was 28 (twenty-eight) days in light of the dies non period over December 2019 and January 2020.
document in compliance with the law and SAFLII Policy THE SUPREME COURT OF APPEAL OF SOUTH AFRICA JUDGMENT ... Application for condonation - adequacy of explanation for delay - attorney remiss - section 5 (1) of the Insolvency Act 24 of 1936 considered. ... appeal, but also, where this is the case, any delay in seeking condonation, must ...
Case No: 779/2019 . In the matter between: ... application for condonation in terms of s 3(4) - whether s 3(4) permits condonation for non-compliance with the ... , viz the subject's right to have the merits of his case tried by a court of law and the right of an organ of state not to be unduly prejudiced by delay beyond the statutorily ...
This is an application for condonation by the respondent for the late filing of its response to the applicants' statement of claim. ... 2.4.1.2Mr Le Roux states that "this modification to the currently prevailing case law may with respect, excuse the omission in serving and filing answering documentation at some earlier stage in terms of ...
The application was brought out of time. The Labour Court granted condonation for the late filing and held that the employees had provided a plausible explanation for their delay because they had initially relied on the common law cause of action which, although it had since been overturned, was competent at the time.
condonation. The application to condone the late filing of the review application The degree of lateness [4] The applicant in its founding affidavit supporting the review application sets out his case in support of the condonation application. [5] The application for review was served on 19 October 2017. That is
11. More specifically in the case of late applications for leave to appeal before the Constitutional Court, this Honourable Court held in the matter of Brummer v Gorfil Brothers Investments (Pty) Ltd and Others9 that the broad test for granting condonation in applications of this nature was 8 1962 (4) SA 531 (A) At 532b-E
[14] In the case of Melane V Santam Insurance co Ltd 1962 (A) at 532B-C. It was held that the factors that should be considered in an application for condonation are interrelated and not individually decisive. The weight to be attached to any one of these factors may vary from case to case. What is
[3] This application for condonation was moreover brought some five months after the applicants' had filed their statement of case and is opposed by the respondent. The legal test [4] The test for condondation is now well established. In Melane v Santam Insurance Company Limited 1962 (4) SA 532 (A) Holmes J.A set out the applicable principles as
application by that date, nor did they seek an extension. The application for leave to appeal was only lodged on 12 July 2018, with an application for condonation. The condonation application and application for leave to appeal were set down for hearing on 31 May 2019. However, on that day, the Board brought an application seeking a
Coram: MAINGA JA, HOFF JA and FRANK AJA Heard: 17 March 2017. Delivered: 12 April 2017. Summary: Condonation application - non-compliance with the provisions of rules of court - rules 5(5), 8(2), 8(3) and 11(1). Legal principles applicable restated. Condonation application must be lodged without delay and applicant must provide a full, detailed and accurate explanation for the delay.
Introduction. In this case law update, the various legal principles relating to the test for review, res judicata, condonation applications in the CCMA, and the correct calculation of the date of ...
amount to valid and sustainable defence in law. [14] Even if condonation for late filing of their rescission application is granted, the applicants have no prospects of success in their rescission application. The applicants' condonation application stand to fail on the basis that the
I find no merit in the application for condonation and will thus order as follow; - Application for condonation of late noting of an application for rescission of judgment be and hereby dismissed with costs. L.T. Muringani Legal Practice-applicant`s legal practitioners. R. Murambasvina Law Chambers-first respondent`s legal practitioners.
Case number HB 126 of 2021 ; HCA (COND) 63 of 2019 Judges Makonese J ... It is a well established principle of our law that in an application for condonation for the late noting of an appeal, the application must show ex facie, the grounds of appeal and the explanation for the delay. Condonation is not a formality and the courts will not ...
INTRODUCTION . Today, I will talk about the case of Dr. Yashwantrao Bhaskarrao Deshmukh v. Raghunath Kisan Saindane, 2021 SCC OnLine SC 914, wherein the Hon'ble Supreme Court discussed the important points that are to be considered while deciding an Application under Section 5 of the Limitation Act, 1963 seeking condonation of delay.. SECTION 5 . Section 5 of the Limitation Act provides that ...
the application to compel dated 06 March 2019 and an answering affidavit. On 05 December 2018 the applicants brought the application for condonation for failure to serve the notice in terms of section 3 of the Act. According to the Minister if the application for condonation fails that would be the end of the matter. It would
Analyzing the Position of Law in Condonation of Delay in Filing Claims Precedents dealing with the issue of condonation of delay. In the case of Twenty- First Cenhiry Wire Roads Ltd., the Insolvency commencement date was September 2018 and the claim by one of AMA Agencies came up in March 15, 2019. The resolution plan was pending for the ...
The Supreme Court has on May 8, 2024 said an application seeking condonation of delay filed at the behest of the stranger, who is not a party to the proceedings, is totally illegal. "If the approach as adopted by the trial court is approved, any Tom, Dick and Harry would be permitted to move an application for condonation of delay in filing an application for restoration of the suit even if he ...