West Bengal Premises Tenancy Act, 1997, Section 7(2), Limitation Act, 1963, Section 5 -- Rent and eviction - Arrears of rent - Application for condonation of delay u/s 5 of Limitation Act for delay in depositing rent - When there is default during pendency of suit for making deposit or payment in respect of current rent, it may be protected u/s 7 of the Act - Therefore,..........
Civil Procedure Code, 1908, Order 9, Rule 7 -- Ex parte order - Setting aside - Ex parte order passed on 22.11.2011 - Petitioner filed an application I.A.No.71 of 2015 - Delay by itself not a ground to set aside ex parte order - Ex parte order set aside...........
Indian Penal Code, 1860, Section 307, 498A, 326, 34 -- Attempt to murder - Cruelty - Compliant filed after more than 5 years from alleged occurrence - No explanation by prosecution for such considerable delay - No evidence on record that accused demanded any dowry from victim - Even otherwise, it was the second marriage of prosecutrix with accused and it cannot be presumed..........
Indian Penal Code, 1860, Section 307, 323, 326, 148, 149, 506 -- Attempt to murder - Cross-case pending against complainant party - Delay caused in registration of complaint not explained - Neither in complaint nor any PW deposed that both accused have caused any injury to anyone - Even there is no recovery from both accused - Moreover, complainant party is aggressor and..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 20, 23 -- Recovery of 500 gms Charas - Search and seizure - Delay in sending sample of recovery to FSL - Where delay in sending sample to FSL not explained by prosecution by adducing any evidence, benefit of the same goes to accused...........
Criminal Procedure Code, 1973, Section 126(2) -- Ex parte maintenance order - Recall of order - Sought after six years of passing the order - No explanation for such inordinate delay - Nothing to show as how applicant came to know about the ex parte judgment - Failure to show any good cause for recall of order - Rejection of application calls for no interference...........
Criminal Procedure Code, 1973, Section 154 -- Delay in lodging FIR - Murder case - There is no relationship between accused and deceased with witnesses - Delay by itself would not render the prosecution case to be doubtful, as contended by accused...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of 35 kg 500 gms poppy straw - Search and seizure - Case property was never deposited in malkhana along with form No.29, rather same remained with SHO for which no entry was made in register - No such register was produced in Court - Seal of SHO not found on case property - Link evidence not..........
Prevention of Food Adulteration Act, 1954, Section 2(v), 13(2), Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Non-compliance of S.13(2) of the Act - Delay in filing of complaint - It is evident from record that Food Inspector collected samples and sent them to Public Analyst on 7.05.2008, and Analyst`s report dated 16.06.2008 was received by him..........
Criminal Procedure Code, 1973, Section 154, Indian Penal Code, 1860, Section 302 -- Delay of 9 hours in lodging FIR - Murder case - FIR lodged by complainant after waiting for her husband and her relatives - Such like conduct can hardly be said to be unnatural as complainant being a lady might have chosen to wait for her husband and relatives before taking any further step..........
