Specific Relief Act, 1963, Section 28 -- Decree for specific performance - Principles guiding the exercise of power u/s 28 of the Act are : (i) decree for specific performance of a contract is in the nature of a preliminary decree and therefore, till deed is executed pursuant to decree, Court that passed the decree is vested with jurisdiction to either rescind the..........
Doctrine of merger -- Doctrine of merger would only apply in a case when a higher forum entertains an appeal or revision and passes an order on merit and not when appeal or revision is dismissed on the ground of delay in filing the same...........
Negotiable Instruments Act, 1881, Section 138, 143A -- Dishonour of cheque - Interim compensation - Court trying an offence u/s 138 of the Act to award interim compensation to complainant at a preliminary stage of proceedings - Such power can be exercised in a summary trial or summons case when accused pleads not guilty and in any other case upon framing of charge -..........
Protection of Children from Sexual Offences Act, 2012, Section 8 -- Sexual assault - Delay in lodging FIR - Father of victim child is himself a member of police force - That being so, delay in lodging of FIR assumes greater importance - There is no explanation as to why police complaint was not lodged for nearly a day after alleged incident cannot be ignored - Delay, fatal..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Delay in seeking amendment - Mere delay in isolation may not be fatal, but its impact cannot be overlooked where proposed amendment seeks to withdraw clear admissions and fundamentally alter stand earlier set up - In such circumstances, delay assumes a material character, particularly when no..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Proposed amendments does not merely elaborate or clarify defence, rather, it completely displaces earlier admissions and substitute an entirely contrary case - Delay of more than four years in seeking amendment also assumes considerable significance - Belated attempt to resile from earlier..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Mere delay, in absence of prejudice, is not a valid ground for rejection, particularly when refusal would lead to multiplicity of proceedings...........
Civil Procedure Code, 1908, Section 151, Order 6, Rule 17 -- Amendment of plaint - Amendment does not introduce a new cause of action but seeks to further clarify and complete relief already claimed - Proposed amendment is necessary for effective adjudication of real controversy and is based on facts already pleaded - However, considering delay in seeking amendment and the..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of advocate commissioner - Delay in filing application - Whether there was delay in filing petition for appointment of advocate commissioner should not be ascertained by taking into consideration the date of filing of suit, but date when necessity for filing such petition had arisen is relevant for said purpose...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of advocate commissioner - Delay of 10 years in filing application cannot be made as a ground for dismissal petition, if it is found that appointment of commissioner would aid in appreciating evidence in proper perspective and that it is not filed for the purpose of gathering evidence...........
