Civil Procedure Code, 1908, Section 151, Order 16, Rule 1 -- Summoning of witness/doctor - Divorce proceedings - Application to summon witness was filed by applicant on the same day when applicant's evidence was closed - Therefore, finding of Family Court that application was delayed seems to be erroneous - Further, application to summon doctor is relevant for the reason..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Issue of limitation is a mixed question of law and fact and not a pure question of law under which a delayed suit cannot be entertained - Plaint cannot be rejected...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Merely because FIR has been delayed, a claim cannot be rejected...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Delay in lodging FIR - Delayed FIR also require a relevance - All available evidences points out towards a skid and fall and not a motor accident - Moreover, police in the FIR also came to conclusion that there was no motor accident and had filed a closure report - Claim petition dismissed...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483 -- Bail - Appellants have undergone incarceration for a period of 2 years and 9 months - Initially, 72 witnesses were named, out of which only 3 have been examined, however, witnesses stated to be brought down to 22 to 24 - Trial has been delayed considerably - There are no antecedents of appellants - Bail granted...........
Criminal Procedure Code, 1973, Section 439 -- Bail - Where accused is in continued incarceration and there is prolonged delay due to trial getting delayed owing to numerous witnesses, benefit of bail can be granted to accused...........
Consumer Protection Act, 1986, Section 23 -- Allotment of plot - Non-delivery of possession - Deficiency in service - Complainant delayed making balance payment for over five years - This delay was largely due to complainant's requests for a waiver of interest, which contributed significantly to delay in finalizing the transaction - Though, complainant is entitled to a..........
Consumer Protection Act, 1986, Section 23 -- Flat Buyer Agreement - Delay of handing over possession - Refund of amount - Project was delayed inordinately - Complainants were made to suffer for long for no fault of them - In spite of making the entire payment, they were deprived of possession within stipulated time - Commission rightly directed Developer to refund the..........
Criminal Procedure Code, 1973, Section 439, 439(2) -- Cancellation of bail and challenging order granting bail - Difference - While considering the application for cancellation of bail, Court ordinarily looks for some supervening circumstances like tampering of evidence either during the investigation or during the trial, threatening of witness, accused likely to abscond..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42 -- Contraband - Non-compliance of provision of S.42 of the Act - While total non-compliance of S.42 of the Act is impermissible in law, delayed compliance with satisfactory explanation about delay is acceptable compliance of S.42 of the Act...........
