Consumer Protection Act, 1986, Section 15 -- Appeal - Condonation of delay - Delay of 100 days in filing appeal - Ground that file was misplaced - The explanation held not convincing as details are all deliberately left vague - Delay cannot be condoned...........
Haryana Ceiling on Lands Holdings Act, 1972, Section 18(6) -- Suo motu exercise of powers by Financial Commissioner-Limitation-Power must be exercised in a reasonable time-Length of reasonable time-To be determined by facts of the case and nature of order being revised-Fraud committed on Court-Delay of 18 years-Rightly condoned-Mere length of time for which fraudulent..........
Haryana Ceiling on Lands Holdings Act, 1972, Section 18(6) -- Delay of 18 years-Fraud committed on Court-Sufficient to condone delay-Evidence Act, Section 44...........
East Punjab Urban Rent Restriction Act, 1949, Section 13(2)(ii)(a) -- Sub letting - Not taking action for 6/7 years inspite of coming to know of sub tenancy immediately or after 2/3 months - No adverse inference can be drawn because no amount of delay or inaction on the part of landlord in filing the ejectment application can justify the sub letting...........
Criminal Procedure Code, 1973, Section 157 -- Delay in sending FIR to Magistrate - No question asked to the I.O. regarding delay in sending FIR to Magistrate and defence having no case that any prejudice was caused by that delay - FIR not given by an eyewitness - Delay, if any, in sending FIR to Magistrate not a ground for acquittal of accused...........
Escalation of cost of construction -- Plot allotment - Delay of 9 years in delivery of possession - Difference between 1991 plinth rates and 2001 plinth rate Rs. 1200/- per square meters - The plot in question measuring 180 Sq. yards and the escalation costs calculated at Rs. 2,16,000/- - The District Forum gave adequate reasons for allowing the costs of escalation to the..........
Criminal Procedure Code, 1973, Section 154 -- FIR - Delay - FIR was lodged after 26 hours - Held, sequence of events and manner in which FIR was lodged have not at all been taken into consideration - Period which elapsed in lodging FIR of incident has been fully explained from evidence on record - No adverse inference can be drawn against prosecution merely on ground that..........
Criminal Procedure Code, 1973, Section 154 -- FIR - Delay in lodging - Effect - No hard and fast rule that any delay in lodging the FIR would automatically render the prosecution case doubtful - It necessarily depends upon facts and circumstances of each case whether there has been such delay in lodging the FIR which may cast doubt about the veracity of the prosecution..........
Constitution of India, 1950, Article 136, 226 -- Once Writ Court under Article 226 has exercised its jurisdiction despite delay and laches - Not for Supreme Court to set aside order of High Court on that ground alone when judgment is legally sustainable...........
Banking service -- National Saving Certificates - Bank neither removing endorsement of pledge nor issuing certificate for removal of the pledge in respect of NSCs - Postal Department refusing encashment of NSCs - Bank held deficient in service - Directed to delete the said endorsement without any delay - Liable to pay amount on the head of loss of interest as worked out by..........