Criminal Procedure Code, 1973, Section 378 -- Summoning of senior officials - Delay of 25 days in filing appeal against acquittal - Delay due to shortage of staff - Summoning of Chief Secretary and Law Secretary to have dialogue with regard to shortage of staff - Summoning order set aside - Senior Officials are extremely busy persons and they should be summoned..........
Civil Procedure Code, 1908, Order 9, Rule 7 -- Dismissal in default - Restoration of suit - Sufficient cause - Substantial justice is to be preferred against technical flaws - There is no presumption that delay is always deliberate - The material consideration in such cases should be whether there is any taint of mala fides or element of recklessness or ruse - If these are..........
Criminal Procedure Code, 1973, Section 154 -- FIR - Delay - Explanation - FIR lodged next morning by wife of deceased - Nobody came forward to accompany the complainant to the police station in the dark night and she had to wait till the morning to come to the police station - No question put in cross examination as to the reason for delay in lodging FIR - No suggestion..........
Industrial Disputes Act, 1947, Section 10 -- Reference - Delayed reference - The Industrial Tribunal cannot invalidate the reference on the ground of delay - If the employer says that the workman has made a stale claim then the employer must challenge the reference by way of writ petition and say that since the claim is belated, there was no industrial dispute...........
Industrial Disputes Act, 1947, Section 10,25F -- Termination - Reference - Delayed reference - Relief - Findings of the Industrial Tribunal that the employer has violated Section 25F - Order of Termination bad in law - Relief cannot be denied on the ground of delay - Appellant has not offered any semblance of explanation of delay - Respondent-Board directed to pay a sum of..........
Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988, Section 3(2) -- Preventive detention - Representation by detenu - Delay - Does not vitiate the order - By reason of delay only further detention becomes illegal, but delay does not vitiate the order of detention - The distinction between an order of detention which is void ab initio by reason of..........
Indian Penal Code, 1860, Section 302 -- Murder - Conviction - Appellant entered house of deceased at the dead of night carrying a lethal weapon - Inflicted four stab wounds on deceased - Delay in lodging FIR explained - Testimony of relation witnesses found trustworthy and reliable - Recovery of blood stained weapon from house of accused - Blood group of deceased was found..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Contraband - Delay of 14 days in sending sample to FSL - No other serious infirmities or violation of statutory or mandatory provisions - Delay explained - Evidence that sample not allowed to be tampered with - Held, mere delay in sending sample for analysis does not affect the prosecution story...........
Haryana Ceiling on Lands Holdings Act, 1972, Section 5, 18(6) -- Revision - Limitation - Powers and jurisdiction of Financial Commissioner - Illegal order passed by subordinate authority - Suo motu at `any time' intervene and pass order in relation thereto - U/s 18(6) there is no limitation in cases where the delay is explainable and the order passed is illegal...........
Haryana Ceiling on Lands Holdings Act, 1972, Section 5, 18(6), Punjab Security of Land Tenures Act, 1953, Section 21, 24 -- Illegal order - Effect & Consequences - Land of Gram Panchayat declared surplus in 1961 - Compensation paid and received by Gram Panchayat - Land subsequently allotted by Government to various persons in 1976 - First installment deposited by the..........
