Criminal Procedure Code, 1973, Section 228, 397(2), 482, Constitution of India, 1950, Article 227 -- Charge - Order framing charge - Challenge thereto - Stay of proceedings - (i) there is no bar to jurisdiction of the High Court to consider a challenge against an order of framing charge in exceptional situation for correcting a patent error of lack of jurisdiction; (ii)..........
Civil Procedure Code, 1908, Section 148 -- Specific performance - Extension of time to deposit balance sale consideration - Delay of 15 days as decree holder was bed ridden - Plea not challenged - Application allowed...........
Indian Contract Act, 1872, Section 55 -- Time essence of contract - Agreement to sell clearly shows that during period after signing agreement, vendor had no right to sell property to anybody else - Agreement thus, imposed strict obligations on both parties - Execution of extension agreement coupled with clauses in the main agreement to sell leaves no doubt that time was..........
Agreement to sell -- Specific performance - Extension of time to deposit balance sale consideration - Decree for specific performance - Court is always competent to extend time, if petitioner due to one or other reason, could not deposit balance sale consideration - Balance sale consideration already deposited in terms of interim order passed by this Court - Time for..........
Civil Procedure Code, 1908, Section 148 -- Extension of time for depositing consideration money - Execution of decree - Suit for specific performance - In absence of any explanation, decree-holder cannot at his own will can seek execution of decree on depositing balance amount...........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Application for extension of time to file charge sheet filed before expiry of statutory period - Grant of default bail during pendency of consideration of application for extension of time is impermissible - Application for grant of default bail can be taken forward only if prayer for extension of period was..........
Civil Procedure Code, 1908, Section 149 -- Payment of deficient Court fee - Extension of time - Once Court issued challan for payment of Court fee and accepted Court fee paid, it is deemed that petitioners has paid Court fee as per orders of Court...........
Civil Procedure Code, 1908, Order 21, Rule 66 -- Auction sale - Application for supply of necessary documents and extension of time to pay remainder 3/4th bid amount - Auction purchaser required certain documents regarding auction for taking loan amount for payment of remainder bid amount - Photocopy of document of title supplied to auction purchaser by trial Court - Yet..........
Electricity Act, 2003, Section 95, 181 -- Gujarat Electricity Regulatory Commission (Conduct of Business) Regulations, 2004, Regulation 85 - Inherent power of Commission - Control period - Extension of period - Commissioning of a project is act to be performed in terms of obligation under PPA and that is between producer and purchaser - Held, that Commission cannot extend..........
Specific Relief Act, 1963, Section 28 -- Rescission of contract - Non-payment of balance sale consideration within prescribed period - Time for deposit of balance amount is already extended - Once Court has chosen to grant extension, application for rescinding of contract has become infructuous because time granted in decree has not expired in view of extension granted -..........
