Showing : 1-10 of 76 Results

SUPREME COURT OF INDIA
Year of decision: 2020
Details
Delay and laches -- Cannot be raised in a case of continuing cause of action or if circumstances shock judicial conscience of Court...........
DELHI HIGH COURT
Year of decision: 2019
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482-- Dishonour of cheque - Quashing of summoning order - Summoning order challenged after more than 4 years of passing of order - Neither any plausible explanation nor any sufficient cause in petition for such delay - Summoning order is barred by principle of delay and laches - Quashing petition..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Inordinate delay and laches on part of plaintiff, cannot be a ground for rejection of plaint U.O.7.R.11(d) CPC...........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Service-- Promotion - Challenged as to - Delay and laches - Fraudulent promotion challenged after 9 years - Fraud vitiates every action and cannot be kept under carpet on the ground that action challenged was belated, particularly when there is a reasonable explanation for such delay - Writ petition..........
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: 2017
Details
Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, Section 24-- Scope - Intendment of Act 2013 is not to revive stale and dead claims and in the concluded case when rights have been finally lost - If there is delay and laches or claim is otherwise barred, it is not revived u/s 24(2) of the Act - Provision does not operate to revive legally barred claims...........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, Section 24-- Stale claim after 105 years of acquisition - Claim made not only belatedly, but neither petitioners nor their previous three generations in writing claiming compensation - Claim appears not only stale and dead but extremely clouded - Case liable to be dismissed on the ground of delay and laches -..........
MADRAS HIGH COURT
Year of decision: 2017
Details
Agreement to sell-- Specific performance - Equitable relief - Delay and laches - Long delay of more than 2 years in issuing suit notice and in filing suit after period specified for performance would disentitle plaintiff from seeking relief of specific performance - Even otherwise, plaintiff never showed her..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Prevention of Corruption Act, 1988, Section 13(1)(c), 13(1)(d), Limitation Act, 1963, Section 5-- Condonation of delay - Delay of 113, 157, 222 days in three cases - It was explained unlike private litigant matters relating to Government are required to be considered at various levels and then only decision is taken to file SLP - Process of referring particular file from one department to..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
Constitution of India, 1950, Article 226-- Mandamus - Court would not issue mandamus to respondent-State, firstly for reason that representation is non statutory with no fixed time prescribed by law - Secondly, petition is belated and suffers from inordinate delay and unexplained laches in regard to state and dead claim/issue/dispute as..........

Showing : 1-10 of 76 Results