Limitation Act, 1963, Section 5 -- Sufficient cause is condition precedent for exercising discretion by Court for condoning delay...........
Civil Procedure Code, 1908, Section 24, Hindu Marriage Act, 1955, Section 13 -- Transfer of case - Divorce petition - High Court committed error while transferring divorce petition from `S' to `B' in favour of wife, particularly when husband is taking care of child who is nine years old and is suffering from malignant disease - High Court should have used its discretion in..........
Civil Procedure Code, 1908, Order 47, Rule 1 -- Review - Order to implead a party - No prejudice likely to be caused to plaintiff from the exercise of such discretion - Review petition dismissed with costs of Rs.20,000/-...........
Architects Act, 1972, Section 21, Constitution of India, 1950, Article 14 -- Admission - Intake capacity of students - As per the facts of the case, Council of Architecture denied extension of approval for intake of 40 students to the institution though intake of 30 students was approved by the Council of Architecture on the basis of the same requirement - As per evidence,..........
Arbitration and Conciliation Act, 1996, Section 45 -- Arbitration agreement - Suit for declaration and permanent injunction - Once it is found that agreement in question is a legal and valid agreement, which is capable of being performed by parties to suit, Court has no discretion but to pass an order by referring the parties to arbitration in terms of agreement - Trial..........
Criminal Procedure Code, 1973, Section 451 -- Release of seized vehicle - Except for special reasons to be recorded for not doing so, till disposal of trial, Court must exercise its discretion expeditiously and judicially in releasing the custody of vehicle in favour of its registered owner after verifying the papers of ownership, insurance, tax and fitness etc, and may..........
Civil Procedure Code, 1908, Order 18, Rule 3A -- Provision U.O.18.R.3A is not an absolute bar for examination of party to a suit at a later stage - There is always a discretion of Court to allow party to be examined at later stage...........
Punjab Regional Town Planning and Development Act, 1995, Section 45(3) -- Forfeiture - Once discretion is vested in an authority then reasons should manifest themselves in order itself particularly if an extreme view is taken by an authority to impose maximum amount of forfeiture i.e. 10% considering fact that it is measure in addition to resumption of plot and would thus..........
Specific Relief Act, 1963, Section 28, Civil Procedure Code, 1908, Section 148 -- Decree for specific performance - Extension of time for depositing balance consideration - No deliberate delay on the part of plaintiff, as application for extension of time was moved within a period of one and a half month after expiry of period of two months granted to plaintiff for deposit..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 304A, 287, 336 -- Quashing of FIR - Death due to rash and negligent act - Out of Court settlement - Alleged offences are no, compoundable offences and it is not expedient in the ends of justice to quash FIR on the basis of out of Court settlement, as out of Court settlement is not per se..........
