TaxTMI 
TaxTMI 
Dear sir, I want to case laws of high court for Condonation delay by mistake of Lawyer'sclerkbecause my appeal rejected by commissioner (appeal) lucknow for delay of two days the order of commissioner Lucknow was received on DT.10/10/2013 and appeal memo was delivered on 12/12/2013 and hearing at the time 04/02/2014 but no information given by commissioner of related of condonation delay and reject the appeal of same reason |
Case lows of Condonation delay by mistake of Lawyer's clerk
05 Mar 2015 
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Condonation of delay for lawyer error depends on bona fide mistake and sufficiency of cause; appeal to tribunal possible.
Condonation of delay for counsel or clerk mistakes is allowable when the error is shown to be bona fide and not a sham; sufficiency of cause is a fact-specific inquiry. Courts have condoned delay for negligent counsel conduct where bona fides exist, but have declined automatic relief where the mistake is tainted by ulterior motive. Remedies include appeal to the tribunal and supervisory reassessment to remit the matter for hearing on merits when sufficient cause is established. (AI Summary)
Condonation of delay for counsel or clerk mistakes is allowable when the error is shown to be bona fide and not a sham; sufficiency of cause is a fact-specific inquiry. Courts have condoned delay for negligent counsel conduct where bona fides exist, but have declined automatic relief where the mistake is tainted by ulterior motive. Remedies include appeal to the tribunal and supervisory reassessment to remit the matter for hearing on merits when sufficient cause is established. (AI Summary)