Log in or register
Share on LinkedInShare on LinkedIn

ARTICLE · 14 NOVEMBER 2023

"Explanation vs. Excuse" – The State's Battle For Condonation

AZB & Partners
AZB & Partners
Contributor
AZB & Partners

AZB & Partners

AZB & Partners, one of India’s premier law firms was founded in 2004 with a clear purpose to...

View firm profile
Explore more from AZB & Partners

A critical analysis of the Supreme Court decision in Sheo Raj Singh (Deceased) Through Lrs & Ors. v. Union of India[ regarding the approach to be taken by the courts while handling condonation ...

IndiaLitigation, Mediation & Arbitration
Atul N. Menon
Atul N. Menon
Author LinkedIn connections

A critical analysis of the Supreme Court decision in Sheo Raj Singh (Deceased) Through Lrs & Ors. v. Union of India1 regarding the approach to be taken by the courts while handling condonation application by the state or its machinery.

Introduction

A two-judge bench of the Hon'ble Supreme Court in a recent judgment dated October 9, 2023, titled Sheo Raj Singh (Deceased) Through Lrs. & Ors. v. Union of India gave its perspective on how applications for condonation of delay ought to be handled especially when the application is filed by the machinery of the state/government. The approach taken by the court is one where it has distinguished between an 'explanation' and an 'excuse' and seeks to pardon those who can provide the former satisfactorily. But in modern times, when communications can be passed on with a single click, where can a line be drawn between an 'explanation' and an 'excuse'? Can a mere narration of facts showing the slow-paced manner in which

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

Register for freeORLog in

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

Related Articles

Legal Intelligence Newsletters: sign up for the latest legal and regulatory news on your chosen topics

Read more about

Related Comparative Guides

See more popular content from

Article

Decree Execution Under Order XXI CPC – An In-depth Insight

Order XXI of the Code of Civil Procedure, 1908 provides the comprehensive framework for executing decrees in Indian civil litigation. This article examines the procedural mechanisms for decree execution, including filing execution petitions, methods of property attachment, and the legal processes for recovering money decrees through sale of attached assets.
IndiaLitigation, Mediation & Arbitration
Maheshwari & Co. Advocates & Legal Consultants
Maheshwari & Co. Advocates & Legal Consultants
Article

The Limitation Clock On Money Recovery: Understanding Article 113, Acknowledgment And Extension Under Indian Law

Understanding the critical timelines and legal frameworks governing money recovery suits in India requires navigating the complex interplay between the Limitation Act of 1963 and the Indian Contract Act of 1872. When does the clock actually start ticking on your right to sue, and how can acknowledgments or digital evidence extend or restart that crucial three-year window?
IndiaLitigation, Mediation & Arbitration
Maheshwari & Co. Advocates & Legal Consultants
Maheshwari & Co. Advocates & Legal Consultants
Article

Section 35(3) BNSS Notice Is The Rule, Arrest An Exception For Offences Up To 7 Years: Supreme Court

In Satender Kumar Antil v. Central Bureau of Investigation, 2026 INSC 115, the Supreme Court of India has reiterated and strengthened the safeguards governing arrest under the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), holding that issuance of notice under Section 35(3) of the BNSS is the rule in cases involving offences punishable with imprisonment of up to seven years.
IndiaLitigation, Mediation & Arbitration
Vaish Associates Advocates
Vaish Associates Advocates
Article

Enhancement Of PF Wage Ceiling To INR 25,000

The Ministry of Labour & Employment has issued a notification dated September 17, 2026, notifying INR 25,000 per month as the new wage ceiling for the purposes of the provident fund provisions (“PF“) of the Code on Social Security, 2020 (“SS Code”). The notification is effective from September 17, 2026. The wage ceiling was last revised 12 years ago in September 2014, when it was increased from INR 6,500 per month to INR 15,000 per month.
IndiaEmployment and HR
AZB & Partners
AZB & Partners
Article

Rethinking E-Commerce Compliance: Key Changes Under The Consumer Protection (E-Commerce) (Amendment) Rules, 2026

On September 9, 2026, the Ministry of Consumer Affairs, Food and Public Distribution (Department of Consumer Affairs) notified the Consumer Protection (E-Commerce) (Amendment) Rules, 2026 (“Amendment Rules”), amending the Consumer Protection (E-Commerce) Rules, 2020 (“E-Commerce Rules”). The Amendment Rules will come into force on January 1, 2027.
IndiaConsumer Protection
AZB & Partners
AZB & Partners
Article

FCRA Amendment Rules, 2026: Key Changes And Practical Implications

AZB & Partners provides important disclaimers regarding the nature and purpose of their website, clarifying that no solicitation or advertising has occurred and that the information is provided solely at the user's request. The firm outlines the limitations of the website content and emphasizes that accessing it does not create a lawyer-client relationship. Users are informed about their responsibilities when using the site and the firm's intellectual property rights over the content.
IndiaCorporate/Commercial Law
AZB & Partners
AZB & Partners
Article

Arbitral Award Signed, Not Stamped: The Delhi High Court In URC Construction v. Airports Authority Of India Closes The Door On Deferred Stamp Duty At The Enforcement Stage

The Delhi High Court has ruled that arbitral awards must be stamped when signed, not when enforcement is sought, closing a decades-old practice of deferred stamp duty payment. Once the one-month statutory window expires, award holders cannot cure the deficiency through unilateral deposit and must pay both deficit duty and penalty at a fixed rate, fundamentally reshaping enforcement practice for arbitration practitioners across India.
IndiaLitigation, Mediation & Arbitration
AZB & Partners
AZB & Partners
Article

New Social Security Schemes For Employees In India

India has introduced three new social security schemes under the Code on Social Security, 2020, effective July 1, 2026, fundamentally restructuring the country's provident fund, pension, and insurance frameworks. These schemes replace decades-old regulations and introduce special provisions including enrollment campaigns, damage relief programs, and retrospective exemptions for establishments. The new framework maintains contribution structures while introducing significant operational changes and transitio
IndiaEmployment and HR
AZB & Partners
AZB & Partners