Showing : 171-180 of 961 Results

SUPREME COURT OF INDIA
Year of decision: 2015
Details
Criminal Procedure Code, 1973, Section 482, 468-- Quashing of proceeding - Bar by limitation - Mere delay in completion of proceedings may not be by itself a ground to quash proceedings where offences are serious, but Court having regard to conduct of parties, nature of offence and extent of delay in facts and circumstances of a given case, quash..........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Indian Penal Code, 1860, Section 307-- Offence u/s 307 IPC - Quashing of complaint - Compliant filed after delay of 16 years - Though complainant stood convicted in cross case but he did not even bother to seek simultaneous trial of cross case - Having regard to nature of allegations and entirety of circumstances, it would be unfair..........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Land Acquisition Act, 1894, Section 11A-- Land acquisition - Delay in passing award - Since award u/s 11 of Land Acquisition Act is not made despite passage of almost three decades, acquisition of land set aside for no, compliance of provision of S.11A of the Act - Government has to keep possession of land provided it acquires land with a..........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5-- Ex parte decree - Condonation of delay - Court can direct payment of a portion of the decretal amount or the cost, while exercising discretion for setting aside ex parte decree or condoning delay...........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5-- Ex parte decree - Condonation of delay - Allowed subject to payment of entire suit claim - Held, Court should not have imposed such an unreasonable and onerous condition...........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Limitation Act, 1963, Section 5-- "Sufficient cause" - To receive liberal construction so as to advance substantial justice - When there is no negligence, inaction or want of bona fide is imputable to the applicant, the delay has to be condoned - Discretion is to be exercised like any other judicial discretion with vigilance and..........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Land Acquisition Act, 1894, Section 4, 6, 17(4)-- Acquisition of land - Quashing of notification - Petition for quashing of notification for acquisition of land, filed nearly 10 years after the declaration issued u/s 6 of Act - Petition dismissed on the ground of inordinate delay and laches...........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Land Acquisition Act, 1894, Section 5A-- Acquisition of land - Objections - Delay and laches - Landowners challenging acquisition that authority giving land to private developers for development of residential purposes and land was not utilized for the purpose for which it was acquired i.e for industrial development - Merely because part..........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Limitation Act, 1963, Section 14, Customs Act, 1962, Section 128-- Exclusion of time - Time taken in prosecuting an abortive proceeding would have to be excluded as the appellant was prosecuting bona fide with due diligence the appeal before CEGAT which was allowed in its favour by CEGAT though the same is dismissed as the CEGAT had no jurisdiction to entertain..........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Limitation Act, 1963, Section 14-- Exclusion of time - Appellant at no point of time has taken up a plea based on S.14 of Act - However, in an application for condonation of delay appellant contended that he was pursuing remedy before another appellate forum which ought to be excluded - Neither there was any negligence, lapse or..........

Showing : 171-180 of 961 Results