Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Extension of time to file written statement - CPC nowhere provides that on filing a Miscellaneous application, time to file written statement would be extended or excluded...........
Parole -- Sentence of 13 years, 3 months and 29 days already undergone by accused as well as the fact that he returned back from the parole which was last granted - Court is thus, inclined to grant 15 days parole to accused - However, balance would be achieved if accused spends his time of parole at a place which is away from victim's residence - Parole granted to accused..........
Muslim Women (Protection of Rights on Divorce) Act, 1986, Section 3 -- Application u/s 3 of the Act - Jurisdiction of Gram Nyayalaya - Gram Nyayalaya does not possess the jurisdiction to deal with an application u/s 3 of the Act in view of Ss.11, 12 of Gram Nyayalaya Act - Application be returned to petitioner to be presented before proper forum in a time bound manner in..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 406, 420, 120B, Rajasthan Public Examination (Prevention of Unfair Means) Act, 1992, Section 4, 6 -- Bail - Leakage of REET question paper - Case at the stage of framing of charge - Accused in custody for more than a year - No likelihood of conclusion of trial within a short time - Bail granted...........
Civil Procedure Code, 1908, Section 47 -- Execution - Objections to draft sale deed - Time to file objections is given to JD but no objections to draft sale deed was filed - No sufficient cause/valid reasons for JD/petitioner to seek further extension of time for filing objections to draft sale deed - Delay tactics adopted by JD is proverbial - Objections rightly rejected...........
Consumer Protection Act, 1986, Section 23 -- Flat Buyer Agreement - Delay of handing over possession - Refund of amount - Project was delayed inordinately - Complainants were made to suffer for long for no fault of them - In spite of making the entire payment, they were deprived of possession within stipulated time - Commission rightly directed Developer to refund the..........
Co-sharers -- Co-sharer has every right to raise construction on the portion of joint land which is in his exclusive possession which will be subject to adjustment at the time of partition...........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Co-sharers - Where separate possession of defendant/co-sharer on a parcel of joint land is established, he has right to enjoy separate possession until same is disturbed by partition - He has every right to alienate his share out of joint land - No injunction can be passed against defendant for restraining him..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 120B, 34 -- Bail - Murder - Accused is stated to be implicated on the basis of statement of co-accused - However, accused has been in custody since 2019 and out of 39 witnesses, none have been examined - Trial of case is likely to take time - Keeping in view of long custody of accused,..........
Limitation Act, 1963, Section 5 -- Condonation of delay - Delay of more than 3 years in filing appeal - No evidence was produced by petitioner for condoning delay apart from making a bald statement that he was mentally upset and not aware of proceedings - Delay cannot be condoned mechanically in absence of sufficient cause - Considering that there is an inordinate delay of..........
