Showing : 91-100 of 958 Results

SUPREME COURT OF INDIA
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 161-- Delay of 30 days in recording statement of PW2 - Delay in recording his statement is not fatal to prosecution, as testimony of PW2 completely corroborates the version of eye witness in all material details of incident particularly since there was change of investigating officer...........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 154, Indian Penal Code, 1860, Section 302-- FIR - Delay in lodging - Murder case - Circumstances of case does not show that FIR is ante timed - Nor it is possible to disbelieve timing of FIR, as police constable went to scene of crime and seized the shirt before registration of FIR - There is also no requirement that FIR must be in the..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Indian Penal Code, 1860, Section 302, 34-- Murder - Property dispute between family members - Testimony of sole eye/injured witness - Statement of PW1, is corroborated by not only PW29 and PW30 but also by medical evidence on record - FIR lodged promptly and copy of the same sent to Magistrate without any delay - All three accused were..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Civil Procedure Code, 1908, Section 35, 35A-- Exemplary costs - Frivolous litigation - Imposition of exemplary costs is a necessary instrument which has to be deployed to weed out, as well as to prevent the filing of frivolous cases - It is not merely a matter of discretion but a duty and obligation cast upon all Courts to ensure that legal..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Electricity Act, 2003, Section 125, Limitation Act, 1963, Section 5-- Appeal to Supreme Court - Delay of 71 days in filing appeal - Condonation of delay - Limitation for filing such appeal is 60 days - However, Supreme Court has jurisdiction to condone delay for a further period of not exceeding 60 days - Delay beyond such 60 days is uncondonable and it cannot be..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Motor Vehicles Act, 1988, Section 166, 171-- Accident - Interest on enhanced compensation - Not denied to claimants for the period of 205 days delay occurred in filing appeal - Claimants held, entitled to interest for the full period...........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Indian Penal Code, 1860, Section 307, 148, 149-- Attempt to murder - Unlawful assembly - Appeal against acquittal - Brutal attack on PW1 causing 12 injuries involving fracture of skull, fracture of bones of both legs as well as on wrist - PW1 unequivocally stated both in his complaint and in his evidence, which is not shaken in cross, that five..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Drugs and Cosmetics Act, 1940, Section 23(4), 25-- Sample of cough syrup - Reanalysis - Part of sample was not sent to manufacturer required u/s 23(4)(iii) of the Act - Valuable right of accused is thus, violated - Even otherwise, cognizance of complaint taken by Court after delay of 2 years on the date when shelf life of drug in question had..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of pleadings - Delay - In appropriate cases, parties are permitted to amend their pleadings at any stage not only during pendency of trial but also at the first and second appellate stage with the leave of the Court provided amendment proposed is bona fide, relevant and necessary for..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Motor Vehicles Act, 1988, Section 166(3)-- Accident - Compensation - Limitation - Claim filed after a period of more than 28 years - Claim petition has to be filed within a reasonable time - Reasonability depends on facts and circumstances of each case - The only expalanton given for the delay was that petitioners are poor person and they..........

Showing : 91-100 of 958 Results