Family Courts Act, 1984, Section 19(2), Limitation Act, 1963, Section 5, Criminal Procedure Code, 1973, Section 125 -- (Bharatiya Nagarik Suraksha Sanhita, 2023, S.144) - Maintenance proceedings u/s 125 Cr.P.C (S.144 BNSS) - Appeal - Condonation of delay in filing appeal - - Appeal is not maintainable against an order passed by Family Court in maintenance proceedings u/s..........
Criminal Procedure Code, 1973, Section 473 -- Condonation of delay - Trial Court while condoning delay did not consider veracity of reason offered by prosecutor to condone delay - Trial Court ought to have considered whether reason offered by prosecutor to condoned delay is genuine and reasonable or not - Since impugned order is bereft of any reason, order set aside -..........
Criminal Procedure Code, 1973, Section 378, Limitation Act, 1963, Section 5 -- Appeal against acquittal - Condonation of delay - There is hardly any acceptable explanation to condone huge delay of 1184 days in presenting appeal - Nothing is mentioned as to why State waited for 3 years to file appeal - Application for condonation of delay dismissed...........
Criminal Procedure Code, 1973, Section 384 -- Condonation of delay - Delay in filing appeal - While considering a delay petition, Court cannot impose a condition to deposit part of amount covered by verdict impugned, as a pre-requisite to condone delay in filing an appeal...........
Criminal Procedure Code, 1973, Section 473 -- Extension of limitation - S.473 Cr.P.C cannot have any application, after cognizance was taken on a time barred complaint - Provision of S.473 Cr.P.C has to be invoked at pre-cognizance stage and once cognizance is taken, Court cannot go back to condone delay to save period of limitation...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of proceedings - Delay in filing of complaint - Nothing mentioned in prayer clause to condone delay in filing complaint nor Court concerned condoned delay suo moto while passing summoning order - Trial Court without considering legal provisions for..........
Criminal Procedure Code, 1973, Section 372, Limitation Act, 1963, Section 5 -- Appeal - No period of limitation is prescribed to file appeal under the proviso to S.372 Cr.P.C., hence no application to condone the delay is required along with an application for leave to appeal...........
Criminal Procedure Code, 1973, Section 473 -- Condonation of delay - Should precede taking of cognizance - After taking cognizance of an offence which is barred u/s 468 Cr.P.C. Court cannot retrace its steps and condone delay at a post cognizance stage - Order of condoning delay should be by a speaking order...........
Negotiable Instruments Act, 1881, Section 138, 142, Criminal Procedure Code, 1973, Section 473 -- Dishonour of cheque - Condonation of delay - Delay of 1 day in filing of complaint u/s 138 of the Act - In absence of any satisfactory explanation by complainant for delay, Magistrate, on his own, by taking into account facts and circumstances of the case, cannot condone delay..........
Criminal Procedure Code, 1973, Section 473 -- Delay - Condonation - Law of limitation prescribed under the Code must be observed, but in certain exceptional circumstances, taking into consideration the gravity of the charge, the Court may condone delay, recording reasons for the same, in the event that it is found necessary to condone such delay in the interest of justice...........
