LIMITATION ACT [IX OF 1908]

Section 5—

In the absence of any sufficient cause shown for condonation of delay of an inordinate delay of 1780 days in preferring the criminal appeal by the petitioner the High Court Division rightly rejected the petition under section 5 of the Limitation Act.

Abul Hossain vs State 1 BLC (AD) 40.

Section 5—

As the trial was held in absentia and the petitioner was not aware of the criminal proceeding and he had been suffering from paralysis for a long time these were the sufficient causes for condoning the inordinate delay of 1930 days in preferring the appeal.

Abu Ali Chowdhury vs State 2 BLC 139.

Section 5—

Where the trial was held in absentia and the setence was seven years rigorous imprisonment, ends of justice will be met if the petitioner is given an opportunity to challenge the impugned judgment after condoning the delay of 1547 days in preferring the appeal.

Ansar Ali son of late Nawsher Ali vs State 3 BLC 68.

Section 5—

The delay of 3623 days is condoned in preferring the criminal appeal as sufficient cause is shown for such delay.

Nurul Mia vs State 3 BLC 423.

Section 5—

A senior judicial officer should not have shown so much unwarranted agility in condoning the delay in filing the appeal without notifying the other side and thereby exercising his discretion not judicially but arbitrarily.

This sort of hot haste conduct of the learned Sessions Judge cannot be approved of. We take a serious exception to this and we give a note of warning and it is desired that he should bear in mind the golden principle of audi alteram partem grounded on the principle of natural justice in dealing with such matter in future.

Minhaz A Chowdhury vs Manzurul Huq & another 1 BLC 18.

Section 5—

As the appellant was not aware of the trial, he did not see the notification in the newspaper and that no warrant of proclamation and attachment was served or executed in his village address preventing the appellant from filing the appeal in time which are sufficient cause for condoning the delay of 1649 days in filing the Criminal appeal.

Rahinan Ali vs State 1 BLC 435.

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