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..........
Family Courts Act, 1984, Section 19(2), Limitation Act, 1963, Section 5, Criminal Procedure Code, 1973, Section 125 -- (Bharatiya Nagarik Suraksha Sanhita, 2023, S.144) - Maintenance proceedings u/s 125 Cr.P.C (S.144 BNSS) - Appeal - Condonation of delay in filing appeal - - Appeal is not maintainable against an order passed by Family Court in maintenance proceedings u/s..........
Agreement to sell -- Specific performance - Plaintiffs paid more than 95% of sale consideration well within time - Sale agreement was executed by defendant Nos. 2 to 4 in favour of plaintiffs well prior to cancellation of power deed in their favour - Hence, there is no need to go into the question of validity of cancellation of power deed - Pre-suit notice was issued..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Amendment sought after a delay of 7 years from filing of written statement - No new fact is going to be pleaded and amendment if allowed would not change the nature of defence raised by defendant - Application allowed subject to payment of costs of Rs.30,000/-...........
