Civil Procedure Code, 1908, Order 37, Rule 3 - - Recovery suit - Leave to defend - Delay - Condonation of delay - Separate application to condone delay not absolutely necessary - Once some reasoning is given in the application seeking leave to defend suit, Court is required to go into grounds of delay, consider them and then pass a reasoned order accepting or rejecting..........
Criminal Procedure Code, 1973, Section 401 -- Revision - Dismissal on the ground of delay - Revision against order taking cognizance in Corruption case was dismissed on the ground of delay of 5 years in challenging said order - Though there was delay of 5 years in challenging order, however, High Court could have examined revision on merits rather than dismissing same on..........
Criminal Procedure Code, 1973, Section 154, Indian Penal Code, 1860, Section 302, 380, 411 -- Delay in lodging FIR - FIR lodged after lapse of about 15 hours from alleged time of incident - Explanation for such delay in lodging FIR is that informant had gone to some relative - Informant however, stated that he got FIR inscribed by one `S' at 4 P.M next day from the date of..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Eviction petition - Tenant by way of amendment wanted to raise two preliminary objections - One of preliminary objection was that defendant no.2 has not pleaded about her not owing any premise in same urban area - However, since tenant had already mentioned about her ownership of premises..........
Delay and laches -- Cannot be raised in a case of continuing cause of action or if circumstances shock judicial conscience of Court...........
Limitation Act, 1963, Section 5 -- Condonation of delay is a matter of judicial discretion, which must be exercised judiciously and reasonable in facts and circumstances of a case...........
Criminal Procedure Code, 1973, Section 311 -- Re-examination of PW3 by way of further cross-examination - Application demonstrates that it is intended only for obtaining death certificate of husband and father-in-law of PW3 - Cross-examination of PW3 for which application u/s 311 Cr.P.C is moved was completed and during cross-examination their testimony could not be..........
Indian Penal Code, 1860, Section 376, Criminal Procedure Code, 1973, Section 154 -- Rape - Delay in lodging FIR - Father of prosecutrix prior to lodging FIR lodged complaint with SDM in which allegation of rape was not made by him - He stated in said complaint that since accused refused to marry his daughter, life of her daughter is spoiled - Prosecutrix was 26 years old..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 307, 392, 379, 420, 411, 472, 473, 148, 149, Arms Act, 1959, Section 25 -- Bail - Offence u/ss 307, 392, 379, 420, 411, 472, 473, 148, 149 IPC and S.25 Arms Act - Case of no injury - Police officials who constituted raiding party have not suffered any injury whatsoever despite alleged..........
Indian Penal Code, 1860, Section 376, 511, 448 -- Attempt to rape married lady - Prosecutrix corroborated the contentions advanced in written complaint and also explained delay for informing police - There was no contradiction in her evidence - PWs corroborated the version of prosecutrix - There is ring attached to version of prosecutrix which substantiates her initial..........
