Civil Procedure Code, 1908, Order 22, Rule 3(2) -- Substitution of Legal heir - Death of plaintiff - Application for substitution filed after delay of 3 years from the date of death of plaintiff - However, since legal heir was impleaded only for the purposes of continuation of suit, application not barred by limitation and suit would not abate - Application rightly..........
Criminal Procedure Code, 1973, Section 161 -- Statement recorded u/s 161 Cr.P.C - Delay on the part of I.O. in recording statements of crucial witnesses casts a cloud on the very veracity of their testimonies - Further, discrepancies in timelines brought out by them demonstrates in no uncertain terms that narratives of these witnesses are not free from suspicion and doubt...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, 21, 22, 29, Indian Penal Code, 1860, Section 420, 465, 468, 471, 120B, Arms Act, 1959, Section 25 -- Bail - Contraband - Cheating - Petitioner has already suffered incarceration for a period of more than 5 years, 4 months and 19 days - Investigation was..........
Protection to life and liberty -- Delay of 5 days in concluding inquiry - Representation was not placed before SSP for five days, indicating that SSP did not effectively communicate urgency of the matter to his staff, despite routine nature of process - SSP himself is responsible for the delay and not the clerk - Standard Operating Procedure (SOP) stated that once a..........
Consumer Protection Act, 1986, Section 23 -- Consumer complaint - Allotment of flat - Delay of delivery of possession - Petitioner opted for refund of money - A home buyer cannot be compelled to take possession of flat after a long time and petitioner is entitled for refund of entire amount deposited with interest...........
Consumer Protection Act, 1986, Section 23 -- Consumer complaint - Allotment of flat - Delay of delivery of possession - Petitioner opted for refund of money - Interest - National Commission rightly awarded interest @ 9% p.a which is fair and reasonable - Ord er awarding interest @ 15% p.a. by High Court is excessive and set aside...........
Criminal Procedure Code, 1973, Section 482, Prevention of Corruption Act, 1988, Section 19 -- Quashing of proceedings - Sanction to prosecute - Going into merits of sanction at this stage - Finding regarding legality, validity or delay in grant of sanction, at this stage are premature - Validity of sanction is an issue that must be examined during course of trial - Order..........
Criminal Procedure Code, 1973, Section 482, Prevention of Corruption Act, 1988, Section 19 -- Quashing of FIR - Mere delay in grant of sanction for prosecuting a public authority is not a ground to quash a criminal case...........
Criminal Procedure Code, 1973, Section 482, Prevention of Corruption Act, 1988, Section 19 -- Quashing of proceedings - Validity of sanction to prosecute - Inherent power u/s 482 Cr.P.C. invoked after dismissal of discharge application and consequent revision petition - Order quashing proceedings, on the ground that sanction to prosecute is illegal and invalid, set aside..........
Limitation Act, 1963, Section 5 -- Condonation of delay - Delay of 1994 days in filing appeal - Appellants have failed to give any legitimate explanation for delay caused in filing appeal - It is not appropriate to excuse the delay only on the grounds that applicant did not have due knowledge of decision passed by Court below - Appellants bald claims that they could not..........
