Criminal Procedure Code, 1973, Section 473 -- Condonation of delay - Charge sheet u/ss 304-A, 337, 338 filed after delay of almost sixteen and half years - Even charge sheet itself prepared after five and half years - Held, charge sheet was prepared after expiry of limitation period and cognizance taken after delay of 16 years is bad in law and liable to be quashed...........
Criminal Procedure Code, 1973, Section 468 -- Period of limitation - Computation of - Held, for the purpose of computing period of limitation, relevant date is the date of filing complaint/date of institution of prosecution and not the date on which Magistrate takes cognizance...........
Criminal Procedure Code, 1973, Section 372 -- Proviso (as inserted by Amendment Act 5 of 2009), S.377, 378 - Appeal against acquittal - Right to file - Held, no limitation of time has been provided by Legislature for exercise of such right of appeal by `victim' in terms of said proviso - Hence, in the fact and circumstances of each case, Court has to determine as to..........
Limitation Act, 1963, Section 5, Civil Procedure Code, 1908, Section 149 -- Delay - Condonation - Delay in paying court fee condoned - Held, there is no reason in rejecting the application for condonation of delay in filing the appeal...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Limitation - Not purely a question of law - It is a mixed question of law and facts - Plaint cannot be rejected on ground of limitation if disputed facts are involved...........
Criminal Procedure Code, 1973, Section 468 -- Charge-sheet - Delay in filing - Prosecution relating to grave offences of forgery and Prevention of Corruption Act, 1988 - Held, limitation engrafted u/s.468 Cr.P.C. not applicable - Delay in filing charge-sheet does not render prosecution invalid...........
Civil Procedure Code, 1908, Order 22, Rule 3(4)(As - - Impleading of legal representatives - O.22.R.3 CPC provided for a manner of impleadment of legal representative and the Limitation Act that prescribes the period when a failure to take action would result in abatement is procedural in character and therefore, the amendment must be deemed to be available for all..........
Criminal Procedure Code, 1973, Section 125(3) -- Minor - Recovery of maintenance - Limitation of one year - So long as said minor does not attain majority for enforcement of maintenance due in arrear there is no limitation of one year under proviso to S.125(3) Cr.P.C. and such application is maintainable and enforceable after period of one year for realizing amount..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex-parte decree - Setting aside - Limitation - Delay in filing application - Application for condonation of delay also not filed - Held, limitation to file application was thirty days and said limitation period started from the date of decree because defendants had been duly served in suit and were also represented by their..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Application filed within 30 days of receipt of certified copy - Knowledge of ex parte decree 11th Sep. - Applied for copy on 12th Sep. - Date fixed for supply of copy 13th Sep. - Copy not ready on that date - Copy ready on 18th Sep. - No notice that copy is ready given - Copy received on 25th..........
