Constitution of India, 1950, Article 226 -- Allotment of land - For the purposes of manufacturing salt - Land reserved for the said purpose no more available for allotment - Application for allotment of land dismissed - Revision filed after 5 years of said dismissal rejected on the ground of delay - Matter was challenged again before High Court after a delay of five years..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - At the stage of judgment - Permissibility - Inspite of long delay, if acceptable material placed before Court shows that delay was beyond their control or diligence, it would be possible for Court to consider same by compensating other side by awarding cost...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment - Sought in counter claim at the stage of judgment - Amendment sought in counter claim by substituting "mandatory injunction" by "possession" - Neither there is any whisper as to why amendment is sought at the belated stage nor there is any assertion in application that in spite of due diligence defendant could not..........
Civil Procedure Code, 1908, Order 7, Rule 14, Civil Procedure Code, 1908, Order 13, Rule 1, 2, 3, 7 -- Production and marking of documents - Law as to - (1) A list of documents should be filed along with the plaint or written statement and if the parties want to file document subsequently, they have to take leave of the Court; (2) The documents, which are marked, does not..........
Criminal Procedure Code, 1973, Section 413, 414 -- Death sentence - Delay in execution of death sentence - Commutation to imprisonment for life - Governing principles - (i) An undue long delay in execution of sentence of death would entitle a condemned prisoner to approach the constitutional Court seeking commutation to imprisonment for life; (ii) In deciding upon such a..........
Criminal Procedure Code, 1973, Section 413, 414 -- Death sentence - Delay in execution of death sentence - Commutation to imprisonment for life - Factors to be taken into consideration - (i) while dealing with the question of commuting the sentence of death into life imprisonment delay has to be considered which has occurred after the judicial processes has come to an end..........
Limitation Act, 1963, Section 5 -- Condonation of delay - Petitioner was well aware of the proceedings and sought to get himself impleaded as party, had not field written statement, was proceeded against exparte, thereafter did not Challenge the exparte proceedings and let a final decree passed - After final decree has been passed, petitioner slept over his right inspite..........
Limitation Act, 1963, Section 5, 3 -- Time barred appeal - Condonation of delay - In the absence of an application for condonation of delay in filing appeal and an express order condoning delay, Appellate Court has no jurisdiction to entertain appeal and pass judgment on merit...........
Negotiable Instruments Act, 1881, Section 138, 142(b) -- Dishonour of cheque - Limitation - Condonation of delay - Delay of 25 days in filing complaint - High Court quashed complaint on ground that complaint is barred by limitation when plea of limitation was taken for the first time before High Court - High Court ought to have remanded the matter back to trial Court for..........
Limitation Act, 1963, Section 5 -- Condonation of delay - Delay of more than 5 years in filing appeal - Negligence, lack of acting diligently and inactivity on part of appellants in not contacting their lawyer for more than 5 years after passing judgment and apparently for a long time even before passing of judgment - Delay not condoned...........
