Limitation Act, 1963, Section 5 -- Condonation of delay of 1460 days in refiling the appeal - In order to succeed in the application for condonation of delay in refiling the appeal applicant is required to make out a strong case in his application supported by an affidavit, either of the litigant or a person who knew about the facts of the case, only then applicant could..........
Civil Procedure Code, 1908, Order 13, Rule 1, 2, Civil Procedure Code, 1908, Order 8, Rule 1 -- Belated production of documents - Documents not filed at the time of filing written statement or before settlement of issues - Documents listed in the written statement - Delay to be explained by good and sufficient reason - However, vital and important documents which are..........
Constitution of India, 1950, Article 14, 226 -- Family pension - Special family pension - Interest - Delay of 16 years in payment of arrears of revised special family pension - Petitioner made to suffer on account of capricious, erratic and injudicious approach and action of the respondents - The respondents have utilized the amount that was due to be paid to the..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42(2) -- Provision of S.42(2) of the Act is mandatory - Police officer who takes down any information has to reduce in writing and forward the same to the superior officer - This is mandatory provision - Non compliance of this provision will vitiate the trial - Delay in reducing the information in writing and..........
Arbitration and Conciliation Act, 1996, Section 34, Limitation Act, 1963, Section 5 -- Delay in filing objections to arbitration award - Condonation - Period of limitation cannot be extended even by invoking S.5 of the Limitation Act, 1963 - Provision of S.34(3) of the Act is very stringent in its nature and Court cannot extend the time even if appellant has a strong case..........
Arbitration and Conciliation Act, 1996, Section 34, 37 -- Delay in filing objections to arbitrating award and delay of 385 days in filing appeal - Delay due to lapse on the part of the officials of the appellant - It is duty of court to protect public money from being squandered away by Corporation who are not looking after public interest seriously - Their officers..........
Urban Lands (Ceiling and Regulation) Act, 1976, Section 34, 9 -- Acquisition of surplus land by State in year 1979 - Delay of almost 2 decades in filing revision u/s.34 of the Act - Appellant not pleading regarding receipt of any compensation under the Act - No explanation by appellant as to why appeal was not filed against order of final assessment u/s.9 of the Act - Land..........
Civil Procedure Code, 1908, Order 1, Rule 1, 2, Civil Procedure Code, 1908, Order 22, Rule 10A -- Striking out and adding parties by Court - Validity - Application for condonation of delay filed by defendant/appellants after death of defendant for filing appeal - After said demise persons who were claiming rights to hold cattle fair on the land would be persons who were..........
Land Acquisition Act, 1894, Section 4, 5, 6, 17, 48(1) -- Land acquisition - Compensation - Urgency clause - Enquiry dispensed with u/s 5(1) of the Act - Justification - Use of power of urgency and dispensation of enquiry u/s 5A of the Act by Government in a routine manner for the `planned development of city' or `development of residential area' and thereby depriving the..........
Indian Penal Code, 1860, Section 376, Criminal Procedure Code, 1973, Section 154 -- Rape - FIR - Delay of four months in lodging FIR - During all this period village Panchayat had been making efforts for settlement but without result - Delay satisfactorily explained - Delay in lodging FIR in sexual offences has to be considered with a different yardstick...........
