Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Injunction - Refusal - Plaintiff has neither pleaded nor shown that he was exercising any ownership right on the land by cultivating it or otherwise - He did not make any effort to get the share partitioned by meets and bounds - Plaintiff waited and watched defendants to use property to file a suit - In between he allowed..........
Consumer Protection Act, 1986, Section 2, Sale of Goods Act, 1930, Section 46A(1)(b) -- Booking of a car - On maturity full price of car paid - However, before delivery of car there was increase in excise duty - Delay of car was not deliberate - Petitioner to pay the extra price when the excise duty is enhanced prior to the delivery of vehicle...........
Indian Penal Code, 1860, Section 376, 506 -- Rape and criminal intimidation - Accused landlord of prosecutrix entered her house, threatened her and sexually assaulted her - No explanation furnished by prosecutrix as to what desisted her from making hue and cry when alleged offence was committed - Delay in lodging FIR not explained - Statement of prosecutrix given to doctor..........
Punjab State Election Commission Act, 1994, Section 76 -- Limitation to file election petition - Writ petition impugning election of appellants - Writ petition allowed to be withdrawn with liberty to file election petition - At the time of withdrawal, writ petitioner made no prayer to file election petition within specified time - Held, mere liberty to file election..........
Criminal Procedure Code, 1973, Section 374(2) -- Appeal against conviction - Delay in filing - Imposition of costs on accused for condoning delay - Challenge as to - Accused filing appeal from jail - It is the duty of State to provide legal assistance to file appeal when accused is in jail custody - Jail Welfare Officers are also not giving proper assistance - In such..........
Juvenile Justice (Care and Protection of Children) Act, 2000, Section 7A, Juvenile Justice (Care and Protection of Children) Rules, 2007 -- Juvenile - Question of - Claim of juvenility cannot be rejected on ground of delay - Accused can raise question of juvenility at any point of time...........
Criminal Procedure Code, 1973, Section 311 -- Recalling of witness - Accused side allegedly received injuries at the hands of complainant party - These injuries could be proved only by doctor who medically examined injured person of accused side - Case of version and cross version - Statement of investigating officer who also investigated cross case would assist court to..........
Criminal Procedure Code, 1973, Section 154 -- Delay in lodging FIR - Alleged incident took place at 2.30 PM and police arrived at the scene of occurrence an hour later - Deceased sustained as many as 58 injuries and being in serious condition was admitted to hospital first and thereafter formal report was lodged with the police at 7.15 PM and the same was immediately..........
Criminal Procedure Code, 1973, Section 468 -- Delay in cognizance of offence - Complaint lodged within 12 days of commission of alleged offence - Held, crucial date for computing the period of limitation is neither the date of taking cognizance by Magistrate, nor the date of issuance of process, nor the date on which prosecution sanction was filed by police - It is the..........
Land Acquisition Act, 1894, Section 4, 6 -- Land acquired for public purpose - Challenge against power of compulsory acquisition on the ground that the same has been used fraudulently - However, delay in filing writ petition - Held, all objections concerning delay in challenging acquisition and locus standi are not sustainable as all actions taken fraudulently are vitiated..........
