Showing : 171-180 of 990 Results

SUPREME COURT OF INDIA
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 22, Rule 3, 9-- Death of plaintiff - Substitution of L.R's - Condonation of delay - Application filed by daughter/respondent after 11 years of death of her father/plaintiff - However, period of limitation for moving such application is 90 days u/art 120 of Limitation Act - More so, respondent had full knowledge..........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Criminal Procedure Code, 1973, Section 482-- Grave criminal offence or economic offence - Compromise/settlement - Held, a grave criminal offence or serious economic offence or an offence having potentiality to create a dent in the financial health of the institution is not to be quashed on the ground that there is delay in trial or that..........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Criminal Procedure Code, 1973, Section 311-- Recalling of witness - Party is permitted to correct its bona fide error and may be entitled to further opportunity even when such opportunity may be sought without any fault on the part of opposite party - However, plea for recall for advancing justice has to be bona fide and has to be balanced..........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Criminal Procedure Code, 1973, Section 311-- Recalling of witness - Mere fact that accused was in custody and that he would suffer by delay can be no consideration for allowing recall of witnesses, particularly at the fag end of trial...........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 22, Rule 4, 9-- Abatement - Delay in bringing on record the LRs of defendant - Condonation of delay - On sufficient cause, delay in bringing LRs of deceased party should be condoned - Procedure is meant only to facilitate the administration of justice and not to defeat the same - Delay condoned - Appeal restored...........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Criminal Procedure Code, 1973, Section 250-- Malicious prosecution - Compensation - Acquittal in an offence under NDPS Act - Acquittal on the foundation that there was delay in obtaining report from FSL and further the test showed that seized items did not contain any contraband article - Nothing on record to show lapse on the part of..........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Land Acquisition Act, 1894, Section 17, 11A-- Acquisition of land - Urgency clause - Delay in passing award - Respondent State denied just and fair compensation to claimant, dispossessed over three decades ago - Acquisition proceedings of 1981 lapsed for no, compliance with the provisions of S.11-A of Act as respondent State failed to pass an..........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Land Acquisition Act, 1894, Section 17, 11A-- Acquisition of land - Urgency clause - Delay in passing award - Lapse of acquisition proceedings - Once possession has been taken by State u/s 17 of Act, it is no longer open to State to relinquish or return the land to legal entity who had been dispossessed from it - No interference warranted in..........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Criminal Procedure Code, 1973, Section 154-- FIR - Delay of 11 days in lodging FIR - Explanation that complainant was injured and there was no other person to assist her in lodging FIR - Delay not satisfactorily explained - Explanation offered is highly inadequate - Undue and unreasonable delay in filing FIR can throw a cloud of suspicion on..........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Indian Penal Code, 1860, Section 324, 325, 148, 149-- Delay of 11 days in lodging FIR - No satisfactorily explanation for such inordinate delay - Unreasonable and undue delay of filing FIR can throw a cloud of suspicion on deeds of prosecution case - Testimony of complainant was wholly inconsistent and replete with contradictions - High Court..........

Showing : 171-180 of 990 Results