Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483 -- Bail - While seeking bail on the ground of delay in trial, it is incumbent upon applicant to place on record order sheets of trial Court in order to rule out the possibility that matter is being adjourned at request of applicant himself...........
Civil Procedure Code, 1908, Order 9, Rule 9, Limitation Act, 1963, Section 5 -- Restoration of suit - Condonation of delay - Delay of 1-1/2 years in filing application for restoration - However, delay in filing application is well explained even though application is not supported with an affidavit of law officer concerned - Moreover, property in question is worth crores..........
Civil Procedure Code, 1908, Order 6, Rule 17, Hindu Marriage Act, 1955, Section 13 -- Divorce petition - Amendment of written statement to set up plea of restitution of conjugal rights - Such plea was in knowledge of husband but same was not set up for the last 10 years - Amendment sought when case was fixed for final hearing - Application for amendment filed just to delay..........
Service -- Disciplinary proceedings - Mere delay in inquiry proceedings, when explained with regard to time taken for inquiry to conclude and that too justifying the same with no prejudice having been caused, cannot be made the basis for vitiating departmental proceedings - Inordinate or unexplained delay in departmental proceedings may be a justifiable ground if tampered..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22(c) -- Bail - Contraband - Petitioner has been apprehended with a commercial quantity of contraband - Hence, rigors of S.37 of NDPS Act would certainly apply to him as there is nothing on record to show that he did not commit subject offence or would not commit..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256 -- Dishonour of cheque - Dismissal of complaint in default - Neither complainant nor his counsel appeared before trial Court on six consecutive dates - Repeated absence of complainant, failure to avail statutory remedy and unexplained delay together do not present a case of procedural..........
Electricity Act, 2003, Section 79, Central Electricity Regulatory Commission (Terms and Conditions of Tariff) Regulations, 2014 -- Whether the grant of compensation by the CERC for the delay is a regulatory or adjudicatory function and to what extent are the principles of natural justice applicable to the exercise of such functions? - CERC is enabled to exercise its..........
Limitation Act, 1963, Section 5 -- Condonation of delay - While considering plea for condonation of delay, first and foremost duty of Court is to first ascertain bona fides of explanation offered by party seeking condonation rather than starting with merits of main matter - Only when sufficient cause or reasons given for delay by litigant and opposition of other side is..........
Limitation Act, 1963, Section 5 -- Condonation of delay - Filed under different provisions of law - Said provisions when provide concurrent remedies through different mechanisms and if application filed under one provision has already been dismissed by a Court of competent jurisdiction, by applying its judicial mind and held that reasons for delay were not sufficient, a..........
Limitation Act, 1963, Section 5, Civil Procedure Code, 1908, Order 41, Rule 3A -- Condonation of delay - Delay of 1116 days in filing appeal - Respondents raised very same grounds which were raised in earlier round of litigation and delay was not condoned - Grounds put forth were insufficient to constitute `sufficient cause' u/s 5 of Limitation Act - Application dismissed...........
