Representation of the Peoples Act, 1951, Section 2, 29A, Delhi Municipal Corporation (Election of Councillors) Rules, 2012, Rule 15, 24, Delhi Municipal Corporation Act, 1957, Section 3A, 4, 5, 7, 11 -- Delhi Election Symbols (Reservation and Allotment) Order, 1968 - Election - Reservation - Allotment of free symbol - Once there is no reservation and no error is found in..........
Limitation Act, 1963, Section 5 -- Condonation of delay - Delay of 1873 days in filing appeal - Acquisition of land - Appellant a villager who can be given the benefit of doubt of his not being in know of the fact that an appeal was required to be filed - More often than not, the land holder/land loser in cases of compulsive acquisition by the State are rustic villagers..........
Limitation Act, 1963, Section 5 -- Condonation of delay - There is a distinction between delay for a plausible reason and delay because of inaction or negligence which deprives a party of the protection of S.5 of the Act...........
Civil Procedure Code, 1908, Order 20, Rule 5 -- Judgment of trial Court - Mandatory directions of O.20.R.5 CPC not followed by trial Court at the time of passing of judgment - Judgment of trial Court legally erroneous and unacceptable...........
Civil Procedure Code, 1908, Order 38, Rule 5 -- Attachment before judgment - Recovery suit - Suit of plaintiff decreed and liability of defendant stands established - There is every likelihood that defendant may evade execution of decree passed by Court, as previous conduct of defendant shows that even earlier he issued post dated cheques which were dishonoured and he was..........
Limitation Act, 1963, Section 5, Civil Procedure Code, 1908, Order 21 -- S.5 of the Limitation Act is not applicable to any of the provisions of O.21 CPC...........
Indian Penal Code, 1860, Section 366A, 376G, Protection of Children from Sexual Offences Act, 2012, Section 5, 6 -- Offence u/ss 366-A, 376-G IPC and Ss.5, 6 of POCSO Act - Cognizance of offence - Trial Court rejected final report submitted by police while taking cognizance of offence and summoned the petitioners through arrest warrants - However, case was thoroughly..........
Juvenile Justice (Care and Protection of Children) Act, 2000, Section 15, Juvenile Justice (Care and Protection of Children) Rules, 2007, Section 5(3) -- Juvenile - Offence u/ss 363, 342, 366-A, 376 IPC - Dereliction of duties by Presiding officer - Presiding officer, who headed the Board on relevant dates acted in an absolutely casual and perfunctory fashion while..........
Civil Procedure Code, 1908, Order 1, Rule 3, Civil Procedure Code, 1908, Order 1, Rule 5, -- When in respect of one of the causes of action, Court has no territorial jurisdiction to try the suit, O.1.R.3, O.1.R.5, O.2.R.3 CPC cannot be invoked...........
Limitation Act, 1963, Section 5 -- Delay - Condonation - Usual practice is to first consider the delay condonation application and then to consider matter on merits - If Court is satisfied with explanation of delay and makes upon mind to condone it, it generally passes a composite order condoning delay and on merits of revision or appeal, as the case may be, thus, in..........
