Limitation Act, 1963, Section 5 -- Condonation of delay - Delay of 2298 days in filing special leave petition - Accused never approached for filing special leave petition and she was not willing to file the same before Supreme Court - Special leave petition has been filed merely in view of directions of National Legal Services Authority to provide free legal aid to needy..........
Civil Procedure Code, 1908, Order 7, Rule 11, Commercial Courts Act, 2015, Section 12A -- Rejection of plaint - Commercial suit - Legal test for purposes of rejection of plaint and for adjudication of interim relief can be culled out as follows : (i) S.12-A of Commercial Courts Act mandatorily requires pre-institution mediation for commercial suits, non-compliance of which..........
Civil Procedure Code, 1908, Order 7, Rule 11, Commercial Courts Act, 2015, Section 12A -- Rejection of plaint - Non-compliance of S.12-A of Commercial Courts Act - Subject matter of suit is continuing infringement to intellectual property - In actions alleging continuing infringement of intellectual property rights, urgency must be assessed in the context of ongoing injury..........
Limitation Act, 1963, Section 5 -- Condonation of delay - Execution petition - S.5 of the Act is not applicable to execution proceedings...........
Limitation Act, 1963, Section 5 -- Condonation of delay - Delay in filing Special Appeal - Delay is inordinate and explanation offered is hardly an explanation which is certainly not an acceptable one and is not satisfactory as there is no sufficient cause shown by appellants for entertaining the appeal which has been filed with delay - Application for condonation of delay..........
Criminal Procedure Code, 1973, Section 154 -- FIR - Delay in lodging FIR does not make prosecution case improbable when such delay is properly explained, but a deliberate delay in lodging FIR may prove fatal...........
Agreement to sell -- Specific performance - Inordinate delay and escalation of value are relevant considerations for denying specific performance and instead granting alternative relief...........
Agreement to sell -- Specific performance - Agreement was executed in respect of tentative allotment of 250 sq. yd., whereas the actual area turned out to be 412.41 sq. yd. nearly two and half years later - Moreover transfer to Defendant No.3 took place almost four decades ago - Urban property prices have escalated steeply - It will be wholly inequitable and contrary to..........
Limitation Act, 1963, Section 5 -- Condonation of delay - Inordinate delay of 1489 days in filing appeal - Explanation furnished neither establishes a sufficient cause nor covers the entirety of delay which would justify condonation of an extraordinary delay - Vague assertions or generalized difficulties do not meet the statutory threshold - Application dismissed...........
Indian Penal Code, 1860, Section 302, 201 -- Murder - Crucial witnesses including close relatives of deceased either turned hostile or have failed to support prosecution case in material aspects - No eye witness to the incident as per I.O. - Delay in lodging FIR further casts a shadow on reliability of case of prosecution - Motive of crime not proved - Presence of..........
