Prevention of Food Adulteration Act, 1954, Section 13(2), 7, 16 -- Indefeasible statutory right of having second sample of food articles examined by Central Food Laboratory - Effect of delay in examination of sample - Total responsibility for the huge delay which has been occasioned in the examination of the second sample of milk is of the prosecution - A gross and blatant..........
Civil Procedure Code, 1908, Order 22, Rule 9, Limitation Act, 1963, Section 5 -- Application for setting aside abatement - Condonation of delay - Information with regard to death of respondents Nos.1 to 5 had come within the knowledge of appellants in the year 2008 - Applications for condonation of delay and setting aside abatement filed on 14.01.2011 - Held, conduct of..........
Limitation Act, 1963, Section 5 -- Delay of 63 days - Condonation - Unless the delay is gross, an explanation for the same should be liberally construed - Delay condoned...........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Filing of beyond prescribed period - Condonation of delay - There is nothing on record to suggest that petitioners have deliberately delayed filing of written statement - Records reveal that as petitioners required requisite sanction from concerned Department for taking steps to take defence in suit - There..........
Consumer Protection Act, 1986, Section 15, 21(b) -- Appeal - Limitation - Condonation of delay - Delay of more than 10 months in filing appeal before the State Commission and delay of more than one year in filing revision - No cogent and sufficient ground has been mentioned seeking condonation of delay, except for bald assertion that discussions were going on between the..........
Civil Procedure Code, 1908, Order 13, Rule 1, 2, Civil Procedure Code, 1908, Order 7, Rule 14 -- Late production of documents - Documents not produced alongwith plaint or entered in list annexed with the plaint cannot be received in evidence without leave of the Court - Court can allow production of documents at a later stage when documents are genuine and relevant for the..........
Limitation Act, 1963, Section 5, Criminal Procedure Code, 1973, Section 401 -- Condonation of delay - Expression "sufficient cause" - Construction of - Held, it must receive a liberal construction so as to advance substantial justice and generally delays in preferring appeals are required to be condoned in interest of justice where no gross negligence or deliberate..........
Consumer Protection Act, 1986, Section 2(1)(g), Post Office Act, 1898, Section 6 -- Postal service - Wrong delivery of letter - Compensation - GPF sanction letter delivered to some college instead of the school of the complainant - Delay occurred in drawal of GPF amount of more than 11 lacs for nearly three months and consequently loss of interest on the amount - Reliance..........
Consumer Protection Act, 1986, Section 15 -- Appeal - Condonation of delay - Delay of four months - No sufficient cause for condoning delay shown hence appeal dismissed - Held that if such a gross delay is condoned the whole purpose of the CP Act, 1986 of deciding the matter within the reasonable time would be frustrated...........
Limitation Act, 1963, Section 5 -- Condonation of delay - General principles - (i) Courts should opt liberal approach while considering the question of 'sufficient Cause' in condonation of delay (ii) Court should not be prompted by mere technicalities, cause substantial justice to be preferred. (iii) Action of party should not be actuated by malafide or gross negligence...........
