Agreement to sell -- Specific performance - Delay and laches - Once a suit for specific performance has been filed, any delay as a result of Court process cannot be put against plaintiff...........
Family Courts Act, 1984, Section 7(1) -- Explanation (d) - Anti-suit injunction - To prevent opposite party from instituting or continuing with the proceedings in another Court in domestic or foreign country - Anti suit injunction is maintainable in view of power to grant injunction in matrimonial disputes by Family Court - This power is traceable to S.7(1) Explanation (d)..........
Limitation Act, 1963, Section 5 -- Condonation of delay - Past conduct of petitioner or age of litigation, cannot be an exclusively a dominating and rationale ground to reject delay condonation application - Delay condoned...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - After commencement of trial - Suit for declaration and partition - Amendment sought for altering shares of parties - Proposed amendments are not in the nature of changing nature and character of suit - Amendment allowed with costs of Rs.1000/- considering delay...........
Indian Penal Code, 1860, Section 376, 511 -- Attempt to rape - Prosecutrix is not consistent with her previous statement in the matter of manner of occurrence - Husband of prosecutrix who was attending trial, was not produced as a PW - Other witnesses cited in complaint petition were also not examined and witnesses examined did not fully corroborate statement of each other..........
Criminal Procedure Code, 1973, Section 154 -- Delay in lodging FIR - Sexual assault - Delay in lodging FIR is well explained, as victim herself stated that due to fear, she did not disclose about occurrence to her parents till a day after occurrence - Even, several other reasons including apparent chances of social stigma might have prevented parents of victim or victim to..........
Limitation Act, 1963, Section 5 -- Condonation of delay - No bar to exercise discretion to condone delay in absence of a formal application - However, Court can always insist that an application or an affidavit showing cause of delay be filed - Court did not commit an error in restoring the application, which was dismissed in default and there was delay in filing..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256 -- Dishonour of cheque - Dismissal of complaint in default - No finding that complainant was not pursuing complaint honestly and diligently and there is no reference to previous history with regard to conduct of complainant causing unnecessary delay on account of adjournments sought..........
Civil Procedure Code, 1908, Order 9, Rule 9, Limitation Act, 1963, Section 5 -- Restoration of suit dismissed in default - Condonation of delay - Decision of application U.O.9.R.9 CPC without deciding application u/s 5 of Limitation Act - Impugned order set aside...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Eviction petition - Amendment of written statement - Amendment sought by successors-in-interest of original tenant - Amendment sought when repeated adjournments were granted to lead evidence - Such conduct clearly reflects that neither they were diligent in pursuing their case nor their actions are bona fide - More so, delay..........
