Limitation Act, 1963, Section 5 -- Condonation of delay - Delay of 1633 days in filing Special Leave petition - Explanation given for seeking condonation of huge delay of 1633 days cannot be accepted, as petitioner/State appeared before High Court and was heard before passing of impugned order, so it was within their knowledge - No sufficient cause is made out for..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Reasonable time was not afforded to opposite party to oppose prayer made in the application for interim relief despite the fact that prayer has been made on behalf of defendant to file reply - Trial Court hastened to pass an interim order in mandatory form which in fact is pari materia to prayer as..........
Hindu Marriage Act, 1955, Section 13 -- Dissolution of marriage - Marriage between parties cannot be dissolved merely on the basis of a compromise allegedly entered into between parties - Since the marriage between parties are governed by provisions of Hindu Marriage Act, only the manner in which such marriage can be dissolved is by passing of an appropriate decree by..........
Protection to life and liberty -- Police protection - Guidelines in dealing with habeas corpus petitions, viz. (i) Such must be given a priority in listing and hearing before the Court - A Court must avoid adjourning the matter, or delays in the disposal of the case; (ii) In evaluating the locus standi of a partner or friend, Court must not make a roving enquiry into the..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of subsequent purchaser - Petitioner purchased the property just prior to passing of judgment and decree of suit - He is thus, a purchaser pendente lite - Since petitioner has been able to show his substantial interest in the adjudication of the matter and he is going to be directly affected by any decision of..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Seeking additional relief - Additional relief sought that compromise decree is null and void - Application filed after five years of passing the compromise decree - Limitation for challenging any decree is three years - A fresh suit to challenge the same may not be maintainable - In case amendment of..........
Criminal Procedure Code, 1973, Section 200 -- Summoning of accused - For issuing the order of summoning Magistrate could not have relied upon same material which was before him when he passed the order calling for report u/s 202 Cr.P.C - The reason is that Magistrate was not satisfied that material was sufficient to pass summoning order - Order issuing process has drastic..........
Civil Procedure Code, 1908, Order 47, Rule 1 -- Review - When the alleged error for seeking review of judgment cannot be construed to be an error apparent on the face of record and same also does not pertain to any new evidence emerging after passing of judgment nor to evidence, matter cannot be termed to be one falling within purview/ambit of provision of O.47.R.1 CPC...........
Contempt of Courts Act, 1971, Section 12 -- Contempt of Court - Violation of orders of Supreme Court - Land acquisition proceedings - Statement was made by counsel that in view of increase in price, Authority may not be in a position to pay compensation - Supreme Court ordered that authority was free to release the land as it was not in a position to pay the compensation -..........
Hindu Marriage Act, 1955, Section 25 -- Permanent alimony - Enhancement of - Family Court awarded Rs.5 lakhs as permanent alimony which is not sufficient for whole life particularly when daughter is also living with wife - Period of almost 4 years is going to lapse since passing of decree by itself is a sufficient change in circumstance - Husband is thus, directed to bear..........
