Civil Procedure Code, 1908, Order 22, Rule 3, Limitation Act, 1963, Section 5 -- Substitution of LRs - Condonation of delay - Petition for substitution filed by wife after seven years of death of her husband i.e. original plaintiff - Wife had knowledge of pendency of appeal - Her plea that she was told by her husband that counsel would inform about hearing of application -..........
Indian Penal Code, 1860, Section 376, Constitution of India, 1950, Article 142 -- Rape cases - Fast Tract Courts constituted for trial of rape cases - But fast tract procedure not framed - Interim directions issued : (i) Upon receipt of information relating to the commission of offence of rape, the Investigating Officer shall make immediate steps to take the victim to any..........
Indian Penal Code, 1860, Section 376, Constitution of India, 1950, Article 142 -- Rape cases - Fast Tract Courts constituted for trial of rape cases - But fast tract procedure not framed - Interim directions issued : (i) Upon receipt of information relating to the commission of offence of rape, the Investigating Officer shall make immediate steps to take the victim to any..........
Indian Penal Code, 1860, Section 376, Evidence Act, 1872, Section 114A -- Rape - Conviction - Validity - Accused alleged to have forcibly caught hold of prosecutrix and committed rape on her - Prosecutrix attempted suicide by consuming poison due to trauma of rape after 22 days from date of incident - Version of prosecutrix supported by circumstantial evidence cannot be..........
Limitation Act, 1963, Section 5 -- Condonation of delay - Malfunctioning of the State Government regarding the unpardonable lackadaisical attitude towards pursuing matter in the court of law cannot be the reason for loss of public property, which involves public money and causes loss to the public exchequer - Delay condoned in the larger interest of public - However, this..........
Indian Penal Code, 1860, Section 302 -- Murder - Delay in lodging FIR - Effect - Held, mere delay in lodging FIR cannot by itself be regarded as fatal to prosecution case - Court has duty to take notice of delay and examine same in backdrop of factual score, whether there has been any acceptable explanation offered by prosecution and whether same deserves acceptation being..........
Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974, Section 3(1) -- Object of COFEPOSA - Delay in issuing detention order - Held, COFEPOSA intends to deal with persons engaged in smuggling activities who pose a serious threat to economy and thereby security of nation - Such persons by virtue of their large resources and influence cause delay..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Neither issues framed nor trial commenced - Amendment application erroneously rejected on ground of delay and limitation - Order not sustainable - Matter remitted to consider application afresh in accordance with law...........
Indian Penal Code, 1860, Section 279, 304A -- Rash and negligent driving - Accused while driving bus hit the scooterist as a result victim who was driving scooter died on spot - Wife and children of deceased were got admitted in hospital by accused himself - Delay of one day in lodging FIR - Wife of deceased not examined - I.O failed to mention the details of accident -..........
Indian Penal Code, 1860, Section 302, 201 -- Murder - Acquittal upheld - Case based on circumstantial evidence - Two fold motive attributed to accused to eliminate the deceased along with one other person, not charge-sheeted by police and not even the alleged motive is proved by prosecution - No explanation regarding delay of one week in informing police about..........
