Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Not filed within time - Condonation of delay of 4-1/2 years - Mere fact that lawyer was careless or negligent that by itself cannot be a ground to condone long and inordinate delay, as litigant owes a duty to be vigilant of his own rights and is expected to be equally vigilant about the judicial proceedings..........
Constitution of India, 1950, Article 226 -- Award of Lok Adalat - Challenged on the ground of fraud - Petitioner cannot be non-suited at the threshold on the ground of delay or laches...........
Limitation Act, 1963, Section 5 -- Condonation of delay - Mere fact that lawyer was careless or negligent, that by itself cannot be a ground to condone long and inordinate delay, as litigant owes a duty to be vigilant of his own rights and is expected to be equally vigilant about the judicial proceedings pending in the Court initiated at his instance...........
Indian Penal Code, 1860, Section 354(A), 354(B), 376, 323, 506, 34, 498A, Dowry Prohibition Act, 1961, Section 3, 4 -- Offence u/ss 354(A), 354(B), 376, 323, 506, 34, 498-A IPC and Ss.3, 4 of 1961 Act - Quashing of FIR - There was delay of at least four months in lodging FIR - Apart from the verbal allegations, there is nothing on record to connect petitioners with the..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Circumstantial evidence - FIR lodged after delay of nearly 16 days in disclosing facts of incident to I.O raises a doubt upon credibility of eye witnesses - Neither motive is convincing nor alleged instance occurred four months prior to the incident, giving rise to the motive, can be read or relied upon against the..........
Indian Penal Code, 1860, Section 342, 347, 594, 506, 116, 384, 34 -- Offence u/ss 342, 347, 594, 506, 116, 384, 34 IPC - Quashing of FIR - No specific allegations against respondent nos.4 and 5 in the complaint - There is a delay in lodging FIR - Even, no allegation made by husband of complainant in the letter addressed to District Magistrate and District Commissioner -..........
Civil Procedure Code, 1908, Order 9, Rule 9, Limitation Act, 1963, Section 5 -- Restoration of suit dismissed in default - Condonation of delay - Partition suit - Plaintiff and defendant are siblings and delay is only 92 days - One opportunity be given to plaintiff in the interest of justice to put forth her case on imposition of terms and cost - Suit restored subject to..........
Limitation Act, 1963, Section 5 -- Condonation of delay - Length of delay is not a material factor for deciding an application u/s 5 of the Act...........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Ex parte decree - Setting aside - Condonation of delay - Defendants have already filed written statement and they were diligent enough to defend the suit - They came to know about ex parte decree only when they received notice in execution proceedings - Defendants ought to be given an..........
Limitation Act, 1963, Section 5 -- Condonation of delay - Delay in filing recall application - Averments made in affidavit filed in support of application for condonation of delay in filing recall application as well as affidavit filed in support of such recall application, do not make out any sufficient cause either for condonation of delay of about 4 years or for recall..........
