Limitation Act, 1963, Section 5, Civil Procedure Code, 1908, Order 22, Rule 3 -- Sole appellant - Death - Delay in impleading L.R's - Affidavit of Advocate stating delay due to his not being able to communicate with legal heirs and of legal representa-tives not being aware of the appeal, is valid - Delay condoned and abatement set aside...........
Consumer Protection Act, 1986, Section 21(a) -- Electricity Act, 1910, S.24 - Electric meter - Found to be faulty on inspection - Assessment of units consumed made on average basis - Delay in taking up the matter - Inefficiency of functionaries of the Appellants, deplorable though it is, cannot and should not be made a ground to cause a loss to a public utility concern -..........
Consumer Protection Act, 1986, Section 17 -- HUDA plot - Delay in delivery of possession - Cost of construction considerably increased - HUDA found to be guilty of deficiency in service - Directed to allot plot without charging additional amount and also to pay Rs.50,000/- as compensation...........
Indian Penal Code, 1860, Section 307, 34 -- FIR - Delay in sending copy to Elaka Magistrate - No explanation given by Investigating Officer - Deep rooted enmity bet-ween complainant and accused - Held, prosecution fails to establish the guilt of ac-cused beyond reasonable doubt - Accused acquitted...........
Consumer Protection Act, 1986, Section 2, 14 -- Insurance claim - Expected of the Insurance Company to settle the claim within three months after submission of the survey report - Any delay beyond that would per se attract the audiom of deficiency in service unless the same is cogently explained by the insurers and the burden thereof must necessarily rest on them -..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for accounting - Averments made for declaration of damages and relief also claimed - Damages subsequently quantified and claimed by way of amendment - Nothing new added - Amendment necessary for determining real issues in controversy - Undue delay - No prejudice caused- Amendment allowed...........
Consumer Protection Act, 1986, Section 2(1)(g), 17 -- Post Office Act, Section 6 - Money order - Delay of 9 months in delivery - Interest awarded by District Forum - Department rightly held liable for default of delay in payment...........
Limitation Act, 1963, Section 5 -- Delay - Condonation of delay - Explanation for delay at the behest of Govt. difficult to explain - Delay condoned...........
Civil Procedure Code, 1908, Order 9, Rule 7 -- Application filed at the fag end of the case when it was posted for arguments - Held, technicalities of procedure should not hamper the dispensation of justice - Court did not record any evidence before passing the order - Other party can be duly compensated with costs due to delay in filing the application - Application..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Search and seizure - Accused acquitted at trial on the ground that they were not informed of their valuable right under S.50 - Appeal against - Held, each case to be considered on its own facts - In view of the long delay, the Court refused to interfere with the order of acquittal...........
