Civil Procedure Code, 1908, Order 9, Rule 9, Limitation Act, 1963, Section 5 -- Restoration of suit dismissed in default - Condonation of delay - Application for restoration filed after about seven months - Such delay cannot be said to be inordinate delay - In case delay is not that inordinate and other party can be monetarily compensated, then Court rather than following..........
Indian Penal Code, 1860, Section 325, 34 -- Offence u/ss 325, 34 IPC - Material contradictions and inconsistencies in statements of PWs with regard to alleged beatings given to complainant by accused - No explanation given by PWs as to why at first instance complainant who allegedly suffered grievous injury on his ear, was not taken to hospital - Even no explanation given..........
Consumer Protection Act, 1986, Section 23 -- Flat - Delay in handing over possession - For such delay consumer is entitled to consequences agreed at the time of executing buyer's agreement - There cannot be multiple heads to grant of damages and interest when parties have agreed for payment of damages @ Rs.10 per sq. ft p.m - Once parties agreed for a particular..........
Consumer Protection Act, 1986, Section 23 -- Flat - Delay in handing over possession - Interest - Complainant is entitled to interest from appellant for not handing over possession as projected as is offered by it - However, special punitive damages cannot be awarded to complainant as one of causes for late delivery of possession as it was beyond control of appellant -..........
Criminal Procedure Code, 1973, Section 449 -- Forfeiture bond - Passport of appellant was taken into possession during investigation - Investigating Officer punched the passport, however, when it was returned, it was in punched condition - After obtaining permission for going abroad, appellant visited Australia and appellant overstayed in Australia and returned and..........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 43, Rule 1(d) -- Ex parte divorce decree - Setting aside - Second marriage after passing of ex parte decree and expiry of limitation for filing appeal - Ex parte decree set aside in appeal filed against order refusing to condone delay to file application to set aside ex parte decree - Second..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Delay in filing complaint - Complainant in his complaint specifically narrated circumstance that despite repeated requests to postal department, no acknowledgement of notice was furnished - It was in these circumstances complainant issued a second notice - Complainant indicated adequate and sufficient..........
Limitation Act, 1963, Section 5, Civil Procedure Code, 1908, Section 96(2), Order 9, Rule 13 -- Dismissal of application to set aside exparte decree - Condonation of delay in filing appeal against exparte decree - Time spent in pursuing application U.O.9.R.13 CPC is to be taken as `sufficient cause' for condoning delay in filing first appeal...........
Criminal Procedure Code, 1973, Section 173(2)(5)(a) -- Authorization for investigation - Dismissal of application by applying principles of res judicata - Failure to file application or authorization along with charge sheet was an omission constituting procedural lapse only - No impediment in appellant seeking to bring the same on record subsequently u/s 173(2)(5)(a)..........
Civil Procedure Code, 1908, Order 9, Rule 9, Limitation Act, 1963, Article 122 -- Restoration of suit dismissed in default - Statutory period for filing restoration application is the date of order and not knowledge of order - Condonation of delay is not permissible in absence of an application - No permission can be granted to an aggrieved party for filing an application..........
