SLP be dismissed without condoning the delay


Can any SLP be dismissed without condoning the delay ??


Answers (5)

Yes! SLP can be dismissed by the Supreme Court without condoning the delay. In fact it can also be dismissed only on the ground of delay and without consideration on merits. The Court is under no obligation to condone the delay before dismissing the SLP.


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Yes, SLP can be dismissed without condoning the delay. That means no matter even though there is a delay in filing, court has not dismissed the same both on the ground of merits of the matter.

Regards,
Renuka Sahu
Advocate Supreme Court

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Yes, it can be.

If the counsel has not made a specific request for condonation and, more so, in cases where the SLP, apart from being devoid of merits, is also hopelessly time barred.

I hope this suffices.

In Hon'ble Supreme Court SLP is filed under Article 136 of the Constitution of India.
SLP has to be preferred against the Order or Judgment of the Hon'ble High Court within 90 days of the date of the order or judgment.
If there is delay in filing SLP and no reasonable explanation is given for delay in filing SLP, the Hon'ble Supreme Court can dismiss the SLP in this ground only.

Sir,
Yes Supreme Court holds the power to dismiss the SLP without condoning the delay as it can be assumed from your facts that there has been a delay of large number of days and if a petitioner fails to provide a reasonable explanation for the delay, then his/her petition may be dismissed by the Hon'ble Court.

For any further assistance, you may reach me back.


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