Criminal Procedure Code, 1973, Section 233 -- Defence evidence - Court can refuse to summon defence witnesses on the ground that it is made for the purpose of vexation or delay or for defeating the ends of justice only...........
Illegal detention -- Writ of Habeas Corpus - When question of liberty of a person is involved even a day's delay counts...........
Indian Penal Code, 1860, Section 354, 342, Protection of Children from Sexual Offences Act, 2012, Section 10 -- Outraging modesty of woman - Time of alleged incident was mentioned at 1 pm in the FIR, whereas, brother of victim stated in his evidence that incident occurred sometime at around 10 am - Brother of victim did not utter a single sentence regarding alleged..........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement to amended plaint - Condonation of delay - Written statement to amended plaint raising certain formal issue is sought to be filed - Entire case will not be reopened for fresh trial - Once the defendant already filed written statement to unamended plaint in which certain formal issues were raised later on,..........
Agreement to sell -- Specific performance - Time was not essence of contract - Suit filed after a long gap of 33 years from date of execution of agreement to sell - No effort was ever made by plaintiff to get sale deed executed in her favour - When plaintiff failed to file suit for specific performance within reasonable time from the date of execution of agreement and..........
Constitution of India, 1950, Article 226 -- Writ petition - Delay and latches - Litigant who is not diligent cannot invoke the extraordinary jurisdiction of High Court u/art 226 of Constitution. (Para 18.1) Constitution of India, 1950, Art.226 - Writ petition - Delay and latches - Allotment of land - In-principle approval was granted on 24.3.2003 - Society waited for 11..........
Civil Procedure Code, 1908, Order 22, Rule 3 -- Abatement of suit - Partition suit - Normal rule relating to abatement in a suit does not apply to suit for partition - Order allowing application for substitution by condoning delay is proper...........
Will -- Suspicious circumstances - No attesting witness of Will has been examined as per provisions of S.68 of Evidence Act - Even, thumb impressions of testator has not been got proved from any handwriting and fingerprint expert - No reason assigned in the Will that why widow of testator was deprived from bounty of deceased and even no provision for her maintenance has..........
Indian Penal Code, 1860, Section 376 -- Rape - Lodging of FIR after 34 years and that too on the basis of bald statement that prosecutrix was a minor at the time of commission of offence, could itself be a ground to quash proceedings - No explanation for such delay in lodging FIR - Material on record show that relationship was consensual, as son who is born out of said..........
Civil Procedure Code, 1908, Section 41 -- Remand - Appellate Court can remand the case back to trial Court if decree is reversed in appeal and retrial of case is considered necessary - However, efforts should always be made by appellate Court to decide the case on merits, rather than remanding the case back to trial Court because it entails delay and decree which has been..........
