Criminal Procedure Code, 1973, Section 439 -- Bail - Cancellation - Order is very rarely interfered with on merits - Relevant considerations are : whether the accused is trying to tamper with the evidence subsequent to his release on bail or has threatened the witnesses or has committed any other offence while on bail or is trying to adopt dilatory tactics resulting in..........
Punjab Land Revenue Act, 1887, Section 15, 16 -- Review application filed after about 1 year and 9 months - Under Section 15 limitation for filing review application is 90 days - No genuine reason about delay - Revision petition twice earlier dismissed for default - Only motive of petitioner to delay proceedings as long as possible by misusing Court platform - Review..........
Consumer Protection Act, 1986, Section 15 -- Chandigarh Consumer Protection Rules, 1987, Rule 8(4) - Appeal - Condonation of delay - Appellant failed to prove that he was prevented by sufficient cause from filing the appeal within prescribed period - Each day's delay is to be satisfactorily explained - Delay can't be condoned as a matter of generosity - Application seeking..........
Consumer Protection Act, 1986, Section 24A -- Limitation - Insurance claim - Claim rejected by OP on 24.3.1995 for the first time while the complaint filed in June, 1998 - The delay of one year and 3 months in the matter of filing of the complaint remains totally unexplained - Complaint held hopelessly time barred...........
Insurance claim -- Total amount of compensation of Rs.9 lakhs including the insured amount of Rs.5,00,000/- claimed - Insurance policy of only Rs.15,000 - Plea of the complainant that sum assured is for Rs. 5 lakhs but he could not produce the policy - Compensation assessed by the company was Rs.8,550/- which was remitted to the Bank - The OP assessed the loss and sent the..........
Civil Procedure Code, 1908, Order 21, Rule 58 -- Attachment - Objections - Ownership claimed on the basis of Will dated 21.2.1993 - However on the basis of Will no mutation of inheritance entered and the Will did not see the light of the day till the suit property was attached - Principle laid down in O.21.R.58(1) Proviso (b) applies as the objections are filed designedly..........
Consumer Protection Act, 1986, Section 15 -- Appeal - Limitation - Condonation of delay - Delay of six months in filing appeal - No details given excepting a bold statement stating that the department sought Advocate's opinion after that the same forwarded to the ministry of law for approval - Even after approval of ministry the appellant has taken four months in filing..........
National Savings Certificate Rules, 1989 -- Delay in payment of maturity value - Interest claimed - Payment of maturity value delay on plea that HUF was not entitled for issuance of those certificates - Held that there was sheer negligence on the part of appellant - OP who neither at the time of the certificates nor thereafter during the currency of the validity of those..........
Criminal Procedure Code, 1973, Section 154 -- FIR - Delay - Rape case - Delay of 6 days - Matter first reported to Panchayat - FOR lodged when no action taken by Panchayat - It is sufficient explanation for delay - In a rape case honour of family is involved - Its members have to decide whether to take the matter to Court or not and such like considerations naturally cause..........
Criminal Procedure Code, 1973, Section 473 -- Delay - Condonation - Exercise of discretion in condoning delay but not on relevant consideration cannot be sustained...........
