Constitution of India, 1950, Article 21 -- Speedy justice - Criminal revision - Held, delay is a very relevant factor and every accused is entitled to speedy justice in view of Art.21 of Constitution of India, which encompasses all the stages, namely, stage of investigation, enquiry, trial, appeal, revision and retrial - But ultimately, it depends upon various factors,..........
Limitation Act, 1963, Section 5 -- Delay - Condonation - Application supported by affidavit - If Court is not satisfied with affidavit, then an opportunity had to be granted to produce medical evidence, instead of straightway jumping to dismiss the appeal...........
Limitation Act, 1963, Section 5 -- Delay - Condonation - Delay of 27 days in filing appeal on ground of illness - No motive can possibly be attributed to take benefit in any manner by late filing the appeal - Delay condoned...........
Civil Procedure Code, 1908, Section 151, Order 22, Rule 3,9, Limitation Act, 1963, Section 5 -- Abatement - Setting aside of - Condonation of delay - Applicant didn't know about pendency of appeal before first Appellate Court - Applicant No.1 is a house wife, who has studied only upto 8th standard and applicants No.2 & 3 were minor at the relevant time - In heading of..........
Constitution of India, 1950, Article 16, 309, 162, 239 -- Principal - Appointment of - Advertisement - Recruitment Rules had been made in consultation with UPSC, in accordance with the UGC guidelines - Rules had been sent to Central Govt. for being notified by the President and matter was pending consideration for a few months when advertisement was issued - Appellant at..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - No sufficient reason to condone delay that occasioned in filing application for setting aside ex parte decree - Rejection of application - Held, proper...........
Indian Penal Code, 1860, Section 302 -- Murder - Delay in filing FIR - While lodging FIR, PW1 was accompanied by "S" - FIR was written by "S" as per dictation of PW1 but did not offer any explanation for delay - This witness has deposed that PW1 was mentally misbalanced after occurrence of incident and he was told by PW1 to write FIR - He accompanied PW1 to police station..........
Arbitration and Conciliation Act, 1996, Section 11 -- Arbitrator - Appointment - Arbitration agreement - Serious allegations of fraud, forgery and fabrication - Existence of a valid and enforceable arbitration agreement is a condition precedent for appointment of an arbitration - When serious allegations of fraud and fabrication are made, it is not possible for Court to..........
Civil Procedure Code, 1908, Order 43, Rule 1(d), Civil Procedure Code, 1908, Order 9, Rule 13 -- Suit dismissed for default - Restoration - Resisting of - Order of restoration was passed upon an application which was served upon Appellant - Order was passed upon payment of costs - All that the order was to allow parties to be heard on merits - Contention that delay of five..........
Limitation Act, 1963, Section 5 -- Delay - Condonation - A company, firm or organisation, which are backed by battery of lawyers to represent their case before the Court of law cannot be equated with rustic villager to get some sort of relaxation for condoning the delay and/or recalling or restoration of the matter...........
