Showing : 31-40 of 966 Results

SUPREME COURT OF INDIA
Year of decision: 2018
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii), Excise Act, Section 60-- Contraband - Delay in sending sample to laboratory - No evidence to show how and in what condition recovered contraband and sample were kept in the meantime and how and in what conditions the articles were preserved at the police station and how safely they were taken from there to the chemical..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 157-- Delay in forwarding FIR to Magistrate - Non-compliance of S.157 Cr.P.C - Obligation is on I.O. to communicate report to Magistrate - Delay in submitting report is always taken as a ground to challenge the veracity of FIR and day and time of lodging FIR - But mere delay in sending report itself..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 157-- Delay in forwarding FIR to Magistrate - Non-compliance of S.157 Cr.P.C - On delayed dispatch of FIR, some prejudice have to be proved by accused - Prejudice which sought to be projected by accused is that in FIR names of only 7 accused were mentioned but in report sent to Magistrate there were 10..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5-- Ex parte decree - Setting aside - Condonation of delay - Delay of about 3 years 8 months - Defendant corporation is public sector undertaking and huge public money is involved in the case - Ex parte decree set aside subject to payment of costs of Rs.50,000/-...........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Indian Penal Code, 1860, Section 376-- Rape - Age of prosecutrix 12 years at the time of occurrence - Consent of prosecutrix is thus, immaterial - Evidence of prosecutrix is supported by medical evidence and also by evidence of PW4, who saw accused running away from scene of occurrence - Delay in lodging FIR properly explained as uncle..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Insurance claim-- Breach of insurance policy - Delay in intimation of loss to insurance company - Appointment of surveyor - Whether amounts to waiver of condition relating to delay by insurer - Appointment of surveyor per se does not estop insurer from raising a plea of violation of condition warranting repudiation..........
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..........
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
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..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Limitation Act, 1963, Section 5-- Condonation of delay - Delay of 233 days in filing appeals - Appellants were not made parties to original writ petitions and they became aggrieved by order passed in writ petitions - It was thus, a sufficient cause for condonation of delay within meaning of S.5 of the Act - Delay condoned - All..........

Showing : 31-40 of 966 Results