Showing : 81-90 of 3476 Results

HIMACHAL PRADESH HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 9, Rule 4, Limitation Act, 1963, Section 5-- Restoration of suit dismissed in default - Condonation of delay of 513 days - Plea of illness and non intimation of dismissal by counsel - Said plea not substantiated by plaintiff - Even delay of 513 days in approaching Court not explained by plaintiff - Application for restoration of suit rightly..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18-- Recovery of 4 kg opium - Search and seizure - Defective investigation - Non-examination of ASI and one person who signed consent memo and sealed samples along with PW1, were surely matters for investigation - However, no explanation given for the same - Case property was retained by PW1 in his..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Service-- Post of Lecturer - Pay scale - Delay and laches - Issue regarding pay scale agitated before different authorities and alleged delay in filing writ petition cannot stand in way of appellant getting benefit for services - Relevant pay scale will entitled her to emoluments which were admissible to..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Evidence Act, 1872, Section 65-- Secondary evidence - Will - Application allowed subject to proof of loss - Since no proof of loss was provided, trial Court rightly not considered secondary evidence - Even otherwise, appellant knew right from the beginning that original Will was not in his possession and there is delay of 32..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 154-- Delay in lodging FIR - Cannot be used as ritualistic formula for doubting prosecution case - If delay is explained to satisfaction of Court, delay cannot by itself be a ground for disbelieving and discarding entire prosecution case...........
TELANGANA AND ANDHRA PRADESH HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 157-- Delay in sending FIR to Court - Murder case - Police had knowledge of murder before 7 p.m. but FIR registered at 11 p.m. - However, FIR reached jurisdictional Magistrate at 4.10 a.m. on following day - No explanation whatsoever was forthcoming from prosecution side for inordinate delay in FIR..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 311-- Recall of Investigating Officer (I.O) - Application dismissed on the ground that I.O. already cross-examined at length by defence - No bona fide has been shown in the application - Only on the ground that witness turned hostile because of pressure upon him, application is moved at fag end of trial..........
ALLAHABAD HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 154-- FIR - Delay in lodging FIR - Incident occurred in mid night at 11.30 P.M - FIR lodged at 4.15 A.M - Distance between place of occurrence and police station 4 kms - Delay occurred in lodging FIR is natural one, as it is not expected that family members in such a situation in the night hours would..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Arbitration Act, 1940, Section 29-- Award of interest - Pre-reference and pendente lite interest - Contract - Clause 16 of General conditions of contract only speak of delay in payment and not to any other amounts payable to contractor under the contract - There is nothing in said clause which refers even obliquely to Arbitrator's..........
BOMBAY HIGH COURT
Year of decision: 2018
Details
Negotiable Instruments Act, 1881, Section 138, Limitation Act, 1963, Section 5-- Dishonour of cheque - Condonation of delay in filing complaint - Plea of accused that notice not actually sent in the envelope and envelope received not opened and produced in Court - Court while deciding delay condonation application can order opening of the envelope - Plea of not sending notice..........

Showing : 81-90 of 3476 Results