Criminal Procedure Code, 1973, Section 154, Indian Penal Code, 1860, Section 354, 506, 451 -- Delay in lodging FIR - Offence u/ss 354, 506, 451 IPC - There is a considerable delay in the registration of FIR which goes to show that a story has been created to implicate accused for some ulterior motive - Occurrence took place purportedly at about 2.00/2.30 A.M. in the night..........
Criminal Procedure Code, 1973, Section 154 -- Delay in lodging FIR - Unexplained delay in lodging FIRs is commonly considered fatal to prosecution's case - In the instant case, delay was never even acknowledged much less explained - Thus, necessary benefit of such an omission must accrue to accused...........
Indian Penal Code, 1860, Section 376, 452 -- Rape - Mother of prosecutrix declared hostile, as she did not support prosecution case - Delay in lodging FIR not explained by father of prosecutrix - Prosecutrix and her parents themselves never fully co-operated with medical staff, thereby adversely impacting credibility of their version of events - Prosecutrix was 19 years..........
Limitation Act, 1963, Section 5 -- Condonation of delay - Delay of 176 days in preferring appeal - Entire delay was caused in the legal department of government or in the office of its learned lawyer - Litigant should not be penalized for any fault on the part of his lawyer - Delay condoned...........
Limitation Act, 1963, Section 5 -- Condonation of delay - Delay of 109 days in filing restoration petition - Plaintiff wilfully delaying the process - Conduct of plaintiff throughout proceedings indicates an indifferent attitude to proceed with the case and had intended to keep the litigation alive - Trial Court ought not to have allowed application for condonation of..........
Limitation Act, 1963, Section 5, Civil Procedure Code, 1908, Section 100 -- Condonation of delay - Delay of 2868 days in filing second appeal - No satisfactory or reasonable explanation constituting sufficient cause given for condoning inordinate delay - Only plea taken by applicant is that he was requesting his brother for amicable settlement - However, when litigation..........
Indian Penal Code, 1860, Section 363, 366, 366A, 376 -- (before amendment), Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989, S.3(2)(5) - Abduction and rape - Prosecution has not been able to prove age of victim as 15 years, rather, it has been established from medical evidence as well as statement of mother of victim that she being more than 16..........
Civil Procedure Code, 1908, Order 14, Rule 5 -- Additional issues - Original issues were framed in the presence of counsel for defendants - It was specifically stated at that stage that no other issue was pressed and case was adjourned for evidence of plaintiffs - Application for framing additional issues had been filed after much delay - Framing of additional issue would..........
Civil Procedure Code, 1908, Order 22, Rule 3, 4 -- Substitution - An application for substitution is to be filed within 90 days of death and if not filed, to file an application for setting aside abatement within 60 days and if that too is not filed, to file requisite applications for substitution and setting aside abatement with an accompanying application for condonation..........
Service -- Compassionate appointment - Lapse of time - Lower courts directed the appellant to appoint respondent at the age of 44 years - Admittedly, the delay happened as respondent was perusing his claim first before the appellant and thereafter before the HC - Thus, age of respondent cannot be determinative for foreclosing his claim and bar a consideration of the same..........
