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/-...........
Criminal Procedure Code, 1973, Section 173 -- Investigation - Completion of investigation without unnecessary delay is the mandate of law - It is obligatory on the part of Investigating Officer to conclude the investigation, as early as possible, and to file final report, closure report or charge sheet without any delay...........
Civil Procedure Code, 1908, Order 41, Rule 3A -- Appeal - Condonation of delay - Filing of memo of appeal without an application for condonation of delay is not fatal - Defect if any, can be cured by filing subsequent application for condonation of delay...........
Civil Procedure Code, 1908, Order 41, Rule 3A -- Appeal - Condonation of delay - Purpose and requirement of filing an application U.O.41.R.3A CPC along with a time barred appeal is mandatory in the sense that appellant cannot without such an application being decided insist upon Court to hear his time barred appeal - However, no penalty of rejection or dismissal of a time..........
Civil Procedure Code, 1908, Order 41, Rule 3A -- Appeal - Condonation of delay - Application for condoning delay can be filed subsequent to filing of memo of appeal...........
Hindu Law -- Joint Family Property - Alienation by Karta - Karta sold the suit property to defendant No.5 to meet expenses of marriage of daughter i.e due to legal necessity - Money receipts for sale consideration were signed by two of coparceners, as well as wife of Karta and daughter, whose marriage expenses are stated to be reason for sale - These circumstances..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Informant and injured witnesses stated that petitioners along with others made assault due to which three persons sustained injuries - However, FIR lodged after three months of incident, therefore, there is inordinate delay in lodging FIR - After considering the fact that there is inordinate..........
Indian Penal Code, 1860, Section 326, 452 -- Offence u/ss 326, 452 IPC - Role attributed to petitioners is qualitatively distinct from that of co-accused, who alone was alleged to have inflicted grievous spear blows - No evidence shows meeting of minds to cause grievous hurt - Prosecution has, therefore failed to establish beyond reasonable doubt that petitioners shared a..........
