Bombay, Maharashtra Stamp Act, 1958, Section 53A -- Limitation - Validity - Whether the impugned order can be said to have been passed within reasonable period from the expiry of six years, if we accept the submissions of the respondents ? - Impugned order dated 14 August 2012 cannot be said to have been passed within the limitation period of 6 years provided under Section..........
Criminal Procedure Code, 1973, Section 389, Indian Penal Code, 1860, Section 376(3), Protection of Children from Sexual Offences Act, 2012, Section 3, 4(2) -- Suspension of sentence during pendency of appeal - Rape - Finding of High Court that no sexual assault was found without considering overall nature of evidence of case is completely untenable - Prosecutrix stated..........
Criminal Procedure Code, 1973, Section 389 -- Suspension of sentence during pendency of appeal - Rape case - Reasoning of High Court falls far short of parameters required u/s 389 CrPC for enlargement of a convict punished for heinous offence, on bail after suspending the sentence - Finding that no sexual assault was found without considering overall nature of evidence of..........
Limitation Act, 1963, Section 5, Commercial Courts Act, 2015, Section 13(1A) -- Condonation of delay - Delay of 154 days in filing appeal - Plea of physical ailments of proprietor duly supported by medical evidence, factum of passing of order impugned coming into light by way of inquiry conducted by a subsequently engaged counsel, coupled with a very significant aspect..........
Criminal Procedure Code, 1973, Section 473 -- Condonation of delay - Delay should not be condoned as a matter of routine without sufficient reasons - Court while condoning delay has to record reasons for its satisfaction and same must reflect in the order - Extension of period of limitation merely on ground that it is necessary to do so in the interest of justice and not..........
Criminal Procedure Code, 1973, Section 473 -- Condonation of delay - Trial Court while condoning delay did not consider veracity of reason offered by prosecutor to condone delay - Trial Court ought to have considered whether reason offered by prosecutor to condoned delay is genuine and reasonable or not - Since impugned order is bereft of any reason, order set aside -..........
Education -- Unaided private school - Suit for recovery of school fee - No student or parent approached Committee constituted as per order of Division Bench of High Court nor Committee constituted under Rules - Students/parents by reason of order of Government introducing a cap of 20% on increase of fees in each successive academic year, declined to pay fees as notified..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, 482, 430 -- Bail and suspension of sentence - Direction issued that: To ensure that every person in judicial custody who has been granted bail or whose sentence has been suspended gets back their liberty without any delay, it is appropriate that whenever bail order or orders of suspension of sentence are not..........
Limitation Act, 1963, Section 21, State Financial Corporation Act, 1951, Section 29 -- Execution - Maintainability - An exercise must be done while deciding the application and a further order is to be passed to that effect immediately and not after the suit is decreed - The records reveal that the application under section 21 was filed only in 2005 - after the decree had..........
Electricity Act, 2003, Section 145 -- Jurisdiction of civil Court - Civil Court has no jurisdiction in entertaining disputes under the Act in view of bar u/s 145 of the Act - However, jurisdiction of writ with regard to determining validity of passing of impugned order can be availed...........
