Insecticides Act, 1968, Section 22(6) -- Delay of 4 days in sending samples - Non-compliance of S.22(6) of the Act is fatal to prosecution case...........
Civil Procedure Code, 1908, Order 9, Rule 4, 6 -- Ex parte proceedings - Setting aside - Brother contesting the suit - No explanation as to how petitioner remained oblivious of the proceedings despite the fact that her brother was contesting the same - Application filed only to delay the proceedings - Order allowing petitioner to join the proceedings at the stage at which..........
Civil Procedure Code, 1908, Order 6, Rule 17, East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Amendment of pleadings - Eviction petition - Subsequent events - During pendency of proceedings subsequent events had taken place which led to landlady daughter to come to Ludhiana - Circumstances changed and now need of demised premises was for her daughter - In such..........
Limitation Act, 1963, Section 5 -- Condonation of delay - Approach of Court has to be liberal and judicious guided by paramount consideration of not depriving a litigant ordinarily of adjudication of rights on merits - Hypertechnical, too strict and pedantic approach may cause injustice which has to be avoided...........
Civil Procedure Code, 1908, Order 37, Limitation Act, 1963, Section 5 -- Recovery suit - Restoration of suit - Dismissed in default - Condonation of delay - There is no gross negligence or lack of bona fides on the part of plaintiff - Plaintiff's claim for recovery of Rs.3,94,754 against defendant warrants adjudication - Order dismissing suit set aside...........
Negotiable Instruments Act, 1881, Section 138(c) -- Dishonour of cheque - Pre-mature complaint - Filed before expiry of 15 days from the date of receipt of notice - Complaint cannot be entertained, as drawer/accused cannot be said to have committed any offence till then - However, it is open to payee or holder to file fresh complaint within a month from the date of..........
Limitation Act, 1963, Section 5 -- Condonation of delay - Ex parte decree passed by Debt Recovery Tribunal - Proceedings against guarantor - Applicant though served with summons but misconstrued the same being in connection with the personal loan advanced to her by Bank - Only after notice of Recovery Certificate was published that applicant made enquiries and moved the..........
Limitation Act, 1963, Section 5 -- Condonation of delay - In absence of any evidence to show that petitioner received summons issued by Political Assistant and was aware of existence of judgment and order, it has to be accepted that petitioner came to know of institution of case and existence of judgment and order only when authorities of BSNL informed petitioner regarding..........
Civil Procedure Code, 1908, Order 44, Rule 3(1) -- Appeal by indigent person - Delay in filing appeal already condoned - Since plaintiffs/applicants have compiled with the provisions of O.44.R.3(1) CPC, there is no need to examine their status regarding pauperism from registrar - Applicants permitted to sue the matter without paying Court fee...........
Criminal Procedure Code, 1973, Section 154, Indian Penal Code, 1860, Section 392, 397, 34 -- FIR - Delay - Robbery - Complainant did not lodged FIR on the same date of incident, as incident took place in the mid night and thereafter police arrested the accused - Verification done from recovered mobile phone which was of complainant - Merely because complainant did not..........
