Civil Procedure Code, 1908, Order 22, Rule 5 -- Substitution of LRs - Enquiry U.O.22.R.5 CPC is summary in nature since purpose is not to decide the complex question of right of inheritance between contesting parties but to merely decide the issue as to who has right to represent the estate of deceased in a particular suit...........
Limitation Act, 1963, Section 5 -- Condonation of delay - Delay of 118 days in filing appeal - Delay occurred on account of counsel for applicant - Delay does not appear to be lack in bona fides or is due to gross negligence or deliberate inaction - Party ought not to suffer if counsel has been plagued with problems - Delay condoned being sufficiently and satisfactorily..........
Civil Procedure Code, 1908, Order 21, Rule 105(2), Limitation Act, 1963, Section 5 -- Execution petition - Dismissed in default - Restoration - Applicability of S.5 of limitation Act - S.5 of Limitation Act is not applicable to any of provision U.O.21 CPC, in view of phrase `other than application under any of provision of O.21 CPC' used in S.5 of Limitation Act -..........
Limitation Act, 1963, Section 5 -- Condonation of delay - Delay of 2117 days in filing restoration application - No cogent and proper explanation given for condonation of such a huge delay - Even, explanation furnished by plaintiffs in so many paragraphs of delay condonation petition fails to provide sufficient cause for delay - Order allowing petition for condonation and..........
Indian Penal Code, 1860, Section 376(2)(f), 342, Protection of Children from Sexual Offences Act, 2012, Section 5(m), 6 -- Rape of minor girl - Compromise - In a case involving rape with a minor girl, compromise arrived at by accused with victim and her parents has no legal value and cannot be given effect to...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376(2)(f), 342, Protection of Children from Sexual Offences Act, 2012, Section 5(m), 6, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(w), 3(2)(v) -- Bail - Rape of minor girl - Compromise - Looking to the nature and gravity of accusation, role attributed..........
Civil Procedure Code, 1908, Order 38, Rule 5 -- Attachment before Judgment - Application for substitution of property - Defendant at the time of filing of written statement offered to substitute the property by another property and also placed on record the evaluation thereof - Evaluation of property offered is not in dispute - Trial Court after being satisfied with the..........
Limitation Act, 1963, Section 5 -- Condonation of delay - Delay of 29 years in filing revision - No sufficient explanation has been offered by petitioner for such an inordinate delay - Conduct of petitioner prima facie appears to be mala fide - Delay cannot be condoned unless sufficient reason is assigned...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, Indian Penal Code, 1860, Section 376, 506, Protection of Children from Sexual Offences Act, 2012, Section 5, 6 -- Bail - Rape - Investigation was carried out and challan was presented - Total 22 PWs have been cited, however, no PW have been examined in the trial undertaken against petitioner after framing of charges -..........
Limitation Act, 1963, Section 5 -- Condonation of delay - Delay of more than 3 years in filing appeal - No evidence was produced by petitioner for condoning delay apart from making a bald statement that he was mentally upset and not aware of proceedings - Delay cannot be condoned mechanically in absence of sufficient cause - Considering that there is an inordinate delay of..........
