Limitation Act, 1963, Section 5 -- Condonation of delay - Delay of 628 days in filing appeal - Delay in filing appeal not occasioned deliberately or on account of mala fide - But occurred due to negligence and lack of competence of concerned officers who could not even arrange for certified copy of judgment and decree of trial Court for about 2 years - Delay condoned..........
Practice and Procedure -- National Consumer Disputes Redressal Commission - Pronouncement of operative order but delay in passing reasoned judgment - Reasoned judgment be made available to litigating parties positively within a period of two months...........
Indian Penal Code, 1860, Section 302 -- Murder - Appeal against acquittal or conviction - Delay - Courts do not ordinarily dismiss an appeal against a judgment and order of trial Court whether of conviction or acquittal on sole ground of some delay in a criminal case involving serious offence of murder...........
Limitation Act, 1963, Section 5, Civil Procedure Code, 1908, Order 9, Rule 13 -- Condonation of delay - Delay of 5767 days in filing application to set aside ex parte decree - Suit for specific performance - No summons were served on defendant - Defendant is an illiterate and pardanashin lady and she only affixes her thumb impression - There is some sort of..........
Civil Procedure Code, 1908, Order 38, Rule 5 -- Attachment before judgment - Requirements of the provision are specific and Court cannot act on mere unfounded apprehensions - Applicant had to establish by means of an affidavit or otherwise that defendant was seeking to obstruct or delay execution of any decree that may be passed against him in pending suit by disposing of..........
Criminal Procedure Code, 1973, Section 374, 386 -- Appeal against conviction - Dismissal of appeal after accepting request for withdrawal of application for condonation of delay - Withdrawal of application for condonation of delay by counsel of appellant was against the interest of appellant, as it attached finality to judgment of conviction thereby leaving no remedy for..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 315 -- Dishonour of cheque - Accused seeking permission to examine himself as his own witness after defence evidence was closed - There is no bar to examination of accused as his own witness in disproof of charge against him before judgment - Complainant will not suffer any prejudice as..........
Service -- Termination - Re-instatement - Claiming on basis of parity - Services of respondent were terminated within months of his appointment in 1978 - However, one Shyam Behari Lal who is another successful candidate whose services were retained and served for 17 years - Fact situation in Shyam Behari case was unique and altogether different from that of respondent and..........
Criminal Procedure Code, 1973, Section 311 -- Re-examination of PW3 by way of further cross-examination - Application demonstrates that it is intended only for obtaining death certificate of husband and father-in-law of PW3 - Cross-examination of PW3 for which application u/s 311 Cr.P.C is moved was completed and during cross-examination their testimony could not be..........
Land Acquisition Act, 1894, Section 23 -- Acquisition of land - Compensation - Claim based on parity - Delay of 2928 days in filing SLP - Appellants who were aggrieved by impugned judgment of High Court, did not file appeal along with other similarly situated land owners - After considerable long period they are seeking parity with other land owners - Since appellants are..........
