Negotiable Instruments Act, 1881, Section 138, 148 -- Dishonour of cheque - Appeal against conviction along with application for condonation of delay - Order to deposit 50% of compensation amount as a pre-condition for hearing appeal and application - Minimum of 20% of compensation amount may be directed to be paid at the time of hearing of appeal - Appellate Court..........
Negotiable Instruments Act, 1881, Section 138, Limitation Act, 1963, Section 5 -- Dishonour of cheque - Delay of 1319 days in filing revision petition - Condonation of delay - There is hardly any convincing reason or any reason for that matter cited in seeking condonation of inordinate delay of 1319 days except for a bald averment that petitioner tried to arrange for money..........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Once an application u/s 167(2) Cr.P.C. is filed after expiry of stipulated time limit, it is duty of Court to release him on bail forthwith without any unnecessary delay - Filing of a charge sheet subsequent to expiry of stipulated time limit for investigation would not defeat right of accused to default bail...........
Civil Procedure Code, 1908, Section 148 -- Extension of time - For payment fixed in award of Lok Adalat - Condonation of delay - If grounds for delay in payment are shown to be justified for departing from what was agreed upon before Lok Adalat, condonation of delay is a possible course of action and that all would depend on facts and circumstances of each case...........
Consumer Protection Act, 1986, Section 12 -- Sale of apartments - Delay in delivery of possession - Claim for compensation - Plea of developers that there was delay in approval of building plans - Plea held, not tenable as developers are conscious of these delays and cannot set this up as a defence to a claim for compensation where a delay has been occasioned beyond..........
Consumer Protection Act, 1986, Section 12 -- Sale of apartments - Delay in delivery of possession - Claim for compensation - Developer offered exit option with interest at 9% - Would not disentitle flat purchaser from claiming compensation...........
Consumer Protection Act, 1986, Section 12 -- Sale of apartments - Delay in delivery of possession - Claim for compensation - Offer of refund - Would not detract from entitlement to claim compensation...........
Consumer Protection Act, 1986, Section 12 -- Sale of apartments - Delay in delivery of possession - Refund of consideration together with interest - Does not provide a just recompense to a genuine flat buyer, who desires possession and remains committed to the project...........
Consumer Protection Act, 1986, Section 12 -- Sale of apartments - Delay in delivery of possession - Compensation awarded at rate of 7% - Considering the facts and circumstances, compensation on account of delay brought down from 7% to 6% p.a. - However, amount, if any, which has been paid in terms of contractual rate shall be adjusted while computing balance due...........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Income of husband - Non disclosure of income by husband - In order to avoid further delay, instead of asking husband to produce his Income-tax returns, Court to draw an inference against husband - Keeping in view the facts and circumstances of the case and resorting to an inevitable guess work, it would be..........
