Limitation Act, 1963, Section 5 -- Condonation of delay - Condonation of delay being a discretionary power available to Courts, exercise of discretion must necessarily depend upon sufficiency of cause shown and degree of acceptability of the explanation and length of delay is immaterial...........
Indian Penal Code, 1860, Section 302, 376(2)(g), 201 -- Murder and rape - Circumstantial evidence - Last seen theory - Testimony of last seen witnesses/PW3 and PW4 not acceptable, as there was delay in recording their statement by I.O - There is no reference of last seen evidence of PW3 and PW4 in the first statement of informant - Moreover, PW3 is closely related to..........
Indian Penal Code, 1860, Section 302, 376(2)(g), 201 -- Murder and rape - Circumstantial evidence - Last seen theory - Testimony of last seen witnesses/PW3 and PW4 not acceptable, as there was delay in recording their statement by I.O - There is no reference of last seen evidence of PW3 and PW4 in the first statement of informant - Moreover, PW3 is closely related to..........
Limitation Act, 1963, Section 5, Civil Procedure Code, 1908, Order 9, Rule 13 -- Condonation of delay - Ex parte preliminary decree - Suit for recovery of money - Preliminary decree passed after defendants have cross-examined PWs 1 & 2 at length - It cannot be said that it is an ex parte decree - Defendants failed to adduce evidence in spite of sufficient time being..........
Civil Procedure Code, 1908, Order 9, Rule 9 -- Restoration of suit dismissed in default - Non-filing of application for condonation of delay - Preliminary decree in partition suit passed by trial Court was affirmed upto High Court - Merely on technicalities one should not be made to suffer the rights adjudicated upto level of High Court on the ground of delay or non-filing..........
Civil Procedure Code, 1908, Order 9, Rule 9 -- Restoration of suit dismissed in default - Non-filing of application for condonation of delay - Preliminary decree in partition suit passed by trial Court was affirmed upto High Court - Merely on technicalities one should not be made to suffer the rights adjudicated upto level of High Court on the ground of delay or non-filing..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for permanent injunction - Suit property is owned by son of defendant and not defendant - Plaintiff came to know said fact only on filing of written statement - Son of defendant is thus, proper and necessary party to suit - Delay is not a ground that son of defendant cannot be impleaded in the..........
Evidence Act, 1872, Section 45 -- Expert opinion - Mere delay or laches on the part of plaintiffs in filing application cannot be a sole ground to reject the request, particularly when Court finds that it is essential to send the document for examination by expert - Application for expert opinion can be entertained even at a belated stage...........
Family Courts Act, 1984, Section 19(3) -- Appeal - Limitation - Period of limitation for filing an appeal against a judgment or order of Family Court is thirty days - However, for sufficient cause to be shown, delay in filing can be condoned u/s 5 of Limitation Act...........
Civil Procedure Code, 1908, Section 151, Order 9, Rule 9, Limitation Act, 1963, Section 5 -- Restoration of suit dismissed in default - Plaintiff suffered an order of dismissal, as his counsel has noted wrong date of hearing in his diary - Litigant cannot be made to suffer on account of negligence or lapse on the part of his advocate - Sufficient cause shown by plaintiff..........
