Criminal Procedure Code, 1973, Section 154 -- FIR - Delay - Lodged within 5 to 5-1/2 hours of the incident - Not only three persons died on the spot but PWs 2 to 4 were also seriously injured - Held, by no stretch of imagination FIR can be characterized as the delayed one...........
Act of Court -- Wrong done to a party by the act of Court - Court is under an obligation to undo the wrong - Any undeserved or unfair advantage gained by a party invoking the jurisdiction of the Court must be neutralized, as the institution of litigation cannot be permitted to confer any advantage on a party by the delayed action of the Court...........
Right to Information Act, 2005, Section 7 -- Petitioner challenged order of Information Authority on the ground that he was put to unnecessary harassment as information delayed for 9 months - Reason for delay duly explained - Necessary information with compensation conveyed vide impugned order - Held, impugned order does not call any interference - Petition dismissed...........
Indian Penal Code, 1860, Section 229A -- Accused on bail - Failure of accused to appear in Court during trial - Charge sheet submitted in the year 2001 - Charge framed in the year 2003 - First witness examined five years after framing the charge - Last witness examined seven years after the framing of charge - During a span of seven years, only on 6 occasions, due to..........
Insurance -- Theft of vehicle - Delay of 5 months in informing insurance company - Breach of policy - No explanation given by respondent for unusual delay in informing appellant about incident despite of lodging FIR regarding theft of vehicle - In terms of policy issued by appellant, respondent was duty bound to inform it about theft of vehicle immediately after the..........
Consumer Protection Act, 1986, Section 2(1)(g) -- Certified copy - Delay in supply - Deficiency in service - Petitioner-complainant himself applied for supply of certified copy of order after 24 days of the passing of the order - The certified copy could not be supplied to the petitioner because he had not affixed proper Court fee and the application filed by him was..........
Consumer Protection Act, 1986, Section 2(1)(d), 2(1)(g), 14(1)(d) -- Consumer - Tenders - Bank guarantee - Deficiency in service - Compensation - Plea that complainant was not a consumer qua Bank repelled - Admittedly the ICICI Bank has made the payment of the bank guarantee to the complainant - This conduct of the Bank clearly reveals that they were answerable to the..........
Medical negligence -- Compensation - Neither the Hospital was equipped with any specialist for treatment of cancer nor OP No. 1 doctor who performed excision biopsy had conducted preliminary investigation except biopsy of the tongue before performing excision surgery and even the said report of biopsy was not available at the time of operation on 19.3.1999 and was ready on..........
Medical negligence -- Compensation - Neither the Hospital was equipped with any specialist for treatment of cancer nor OP No. 1 doctor who performed excision biopsy had conducted preliminary investigation except biopsy of the tongue before performing excision surgery and even the said report of biopsy was not available at the time of operation on 19.3.1999 and was ready on..........
Criminal Procedure Code, 1973, Section 228 -- Accused charged for instigating criminal riots and killing of innocent persons belonging to Sikh community - Delay in investigation of case, recording of statement of witnesses and filing of charge sheet - Cannot be said to have caused prejudice to accused - Plea of accused that main defence witnesses passed away due to delayed..........
