Protection of Women From Domestic Violence Act, 2005, Section 12, Criminal Procedure Code, 1973, Section 468 -- Application u/s 12 of Act of 2005 - Limitation - S.468 Cr.P.C. has no application to S.12 of Act of 2005 as it is not a complaint and does not provide punishment...........
Limitation Act, 1963, Section 14 -- Exclusion of time - Spent in criminal proceedings - Permissibility - S.14 of the Act is applicable only to the time spent inadvertently in civil proceeding - A criminal case cannot be equated to a civil proceeding for the purpose of S.14 of Act - Any amount of time spent before criminal Court not to be excluded while computing the period..........
Limitation Act, 1963, Article 113 -- Limitation - Suit for damages out of criminal action - U/Art.113 of Limitation Act, period of limitation is 3 years which commences from the date on which injuries were caused and not from the date of judgment of Criminal Court - Since suit is filed after 6 years of date of incident, suit is barred by limitation...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 378(4), Limitation Act, 1963, Section 5 -- Dishonour of cheque - Appeal against acquittal - Condonation of delay - Delay of 138 days in filing appeal - No cogent reason mentioned in application for condonation of delay - Complainant failed to show any error in law or on facts on basis of..........
Prevention of Corruption Act, 1988, Section 13(1)(d), 13(2), Indian Penal Code, 1860, Section 120B(2), Criminal Procedure Code, 1973, Section 468 -- Illegal gratification - Criminal conspiracy - Cognizance of offence - Incident took place in the year 1995, FIR lodged in the year 1999 and cognizance taken in 2001 - Entire proceedings are vitiated in law as limitation to..........
Criminal Procedure Code, 1973, Section 372 - - Appeal - Right of victim - Limitation - Victim has to file appeal within a reasonable time after date of knowledge of judgment impugned in appeal - If Appellate Court finds that appeal is designedly or deliberately delayed, Appellate Court need not entertain the appeal on that ground - Every case has to be decided on facts and..........
Criminal Procedure Code, 1973, Section 482, Limitation Act, 1963, Article 122 -- Quashing of order - Calculation of limitation period - Accused company was summoned on 26.09.2011 to face trial - Summons were not received back - Since the presiding officer was on Ex-India leave, so the file was placed before and fresh notice was again ordered to be issued - Accused company..........
Indian Penal Code, 1860, Section 320, 322, Criminal Procedure Code, 1973, Section 468 -- Emasculation - Limitation - Petitioner along with 400 other males underwent castration surgery on inducement of 5th respondent that such emasculation would lead to realization of God - Compliant lodged after 12 years of incident - Question of delay in launching criminal prosecution may..........
Criminal Procedure Code, 1973, Section 374, 386, Limitation Act, 1963, Section 5 -- Appeal against conviction - Delay - Condonation - Criminal appeal be decided on merits - Application for condonation of delay in filing appeal be decided leniently - Delay condoned and appeal directed to be decided on merits...........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Ex parte decree - Setting aside - Condonation of delay - Ailment of defendant - Medical certificate in support thereof - Medical certificate alleged to be forged document - Defendant had been regularly appearing in criminal proceedings which were simultaneously going on during disputed point..........
