Criminal Procedure Code, 1973, Section 468, 473 -- Period of limitation - Extension of time - Procedural requirements - Non-compliance of - Prosecution itself admitted that cognizance taken by Magistrate is barred by limitation and Magistrate also not invoked provision of S.473 of the Code - Held, condonation of delay should precede taking of cognizance of offence -..........
Specific Relief Act, 1963, Section 28 -- Extension of time - Court has power to enlarge time in favour of D.H. to pay the amount or to perform the conditions mentioned in the decree for specific performance - Court can either extend time for compliance of the decree or can order rescission of the agreement - These powers are available to the Trial Court which passed decree..........
Specific Relief Act, 1963, Section 28 -- Failure to comply with conditions mentioned in the decree - Application by vendor for rescission of agreement on account of non payment of balance amount within stipulated period - Vendee seeking extension of time - Court refused to extend time as vendee failed to place relevant material about his inability to deposit the balance..........
Indian Penal Code, 1860, Section 302 -- Murder - Appeal against acquittal - Case based on circumstantial evidence - Some suspicion regarding the conduct of the accused at the time of occurrence - Same not conclusively proving and establishing that the accused has committed the murder - Unless and until the evidence adduced clearly and pointedly establish the guilt of the..........
Evidence Act, 1872, Section 9 -- Test identification parade - Accused identified by the witnesses at the time of arrest itself - Holding identification parade would have been a futile exercise/inconsequential...........
Criminal Procedure Code, 1973, Section 154 -- FIR - Name of appellant's not mentioned - Complainant could identify some of the assailants if they come before him - Complainant was not aware of the names of all the accused persons - Name of appellants' included by IO - Held, FIR is not encyclopedia of all the facts relating to crime - At the time of lodging FIR the..........
Transfer of Property Act, 1882, Section 60 -- Mortgage - Right of redemption - Usufructuary mortgagee who continues in possession for more than 30 years is not entitled to protect his possession - Right of redemption is not lost with efflux of time...........
Limitation Act, 1963, Article 58 -- Suit for declaration - Limitation is three years - Period of three years starts to run from the date when the right to sue first accrues and not on subsequent dates even if cause of action arises on subsequent occasions as well - Right to sue arises where there is clear or unequivocal threat - Computation of period of limitation has to..........
Civil Procedure Code, 1908, Section 11 -- Expln.IV - Res judicata - Earlier suit claiming ownership on the basis of Will - Alternative relief of ownership by way of survivorship not claimed in the earlier suit - Alternative relief could have been taken in the earlier suit - Lower Appellate Court holding suit not barred by principle of res judicata as at the time of earlier..........
Motor Vehicles Act, 1988, Section 206(2) -- Seizure of driving licence - Police can seize driving licence when there is apprehension of absconding or that that person will avoid service of summons - Seized driving licence has to be produced before Magistrate - Magistrate is bound to return the licence to said person, on production of the acknowledgment given to him by the..........
