Agreement to sell -- Specific performance - Nothing on record to show that plaintiff has funds in his hands or was capable of generating funds for the purpose of converting sale agreement into a sale deed - Plaintiff was not willing to get sale deed and he had approached the Court with considerable delay - Readiness and willingness on the part of plaintiff not proved -..........
Criminal Procedure Code, 1973, Section 154 -- Delay in lodging FIR - Sexual assault - Delay was explained by mother of victim stating that FIR was lodged after 7 days in view of security and dignity of her daughter - Explanation is sufficient in terms of legislation of POCSO Act to protect the menus of victim after sexual assault - Delay of 7 days in lodging FIR not fatal..........
Civil Procedure Code, 1908, Order 22, Rule 4, 9, Limitation Act, 1963, Section 5 -- Death of defendant - Substitution of LRs - Condonation of delay - Suit is at the stage of evidence of defendants - Court at that stage generally lean in favour of deciding lis between parties on merit rather than shutting out hearing on the grounds of technicalities - Moreover, petitioners..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - A delay in FIR by itself will not be a ground to quash the proceedings...........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Not filed within time - Divorce proceedings - Application filed by defendant/wife u/s 24 of Hindu Marriage Act for litigation expenses remained pending for no fault of defendant - Matter was sent for mediation and reconciliation which ultimately failed and immediately thereafter, defendant moved an..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Nature of amendment is an elaboration of defence - Though amendment sought were within knowledge of petitioner when written statement was filed, however, due to delay cost of Rs.10,000 shall be paid to plaintiffs - Amendment allowed subject to payment of cost of Rs.10,000/-...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Nature of amendment is an elaboration of defence - Though amendment sought were within knowledge of petitioner when written statement was filed, however, due to delay cost of Rs.10,000 shall be paid to plaintiffs - Amendment allowed subject to payment of cost of Rs.10,000/-...........
Protection to life and liberty -- Police protection - Guidelines in dealing with habeas corpus petitions, viz. (i) Such must be given a priority in listing and hearing before the Court - A Court must avoid adjourning the matter, or delays in the disposal of the case; (ii) In evaluating the locus standi of a partner or friend, Court must not make a roving enquiry into the..........
Civil Procedure Code, 1908, Order 9, Rule 9, Limitation Act, 1963, Section 5 -- Restoration of suit dismissed in default - Delay is of only 17 days - Counsel for appellant met with an accident and he remained hospitalized for 3 days - Considering the period of 22 days for obtaining certified copy of order dismissing suit, delay of 17 days condoned - Suit restored...........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Ex parte decree - Setting aside - Madras High Court Original Side Rules not complied with - Order directing deposit of 75% of suit claim as condition precedent for condoning delay and for setting aside ex parte decree - Held, unwarranted - Instead an order of payment of cost should have been..........
