Limitation Act, 1963, Section 5 -- Delay - Condonation - Delay of 1373 days in filing appeal - Delay by Government officials or public servants - When delay is to defeat justice then in view of larger public interest, Court should take a lenient view in such situations and should condone the delay, howsoever huge may be the delay and have the matter decided on matters...........
Constitution of India, 1950, Article 32, Citizenship Act, 1955, Section 5(1)(a) -- Grant of citizenship - To migrants from East Pakistan, displaced upon construction of dam - Chakmas and Hajongs were allowed to rehabilitate in India after conscious decision of Government of India and so does not require to obtain Inner Line permit - Their status also stands duly..........
Indian Penal Code, 1860, Section 161, Prevention of Corruption Act, 1947, Section 5(2), 5(1)(d) -- Reduction of sentence - Offence u/s 161 IPC and Ss.5(2), 5(1)(d) PC Act - Appellant is of 88 years of age and is suffering from various ailments - Considering proviso to S.5(2) PC Act, sentence of appellant modified to the period till rising of Court and fine enhanced from..........
Civil Procedure Code, 1908, Order 35, Rule 5 -- Inter-pleader suit - Not maintainable when agents sue their principals or tenant sue their landlords for the purpose of compelling them to interplead with any persons other then the persons making claim through such principals or landlords...........
Prevention of Corruption Act, 1947, Section 5(1)(a), 5(2) -- Reduction of sentence - Offence u/ss 5(1)(a), 5(2) of the Act - Appellant is about 85 years of age and is suffering from various serious ailments - Keeping these aspects of matter in view, while confirming conviction for offence punishable u/ss 5(1)(a), 5(2) of the Act, sentence of appellant reduced to period..........
Prevention of Corruption Act, 1988, Section 13(1)(d), 5(2) -- Reduction of sentence - Illegal gratification - Prosecution clearly establishing that accused (Station Health Inspector) demanded bribe from casual sweepers to count their employment, thereby proving guilt of accused/appellant - Proviso to S.5(2) of the Act provided that sentence of less than minimum..........
Civil Procedure Code, 1908, Order 8, Rule 5 -- Written statement - Absence of specific denial to the allegation made in plaint, is treated as admitted...........
Prevention of Corruption (Amendment) Act, 2006, Section 5(2), Ranbir Penal Code, 1989, Section 161 -- Illegal gratification - Appeal against conviction - Accused/official taking bribe of Rs.550 for issuance of jamabandi to complainant - Two independent witnesses were present during trap and there is no reason to disbelieve their testimony - Accused hand turned pink upon..........
Limitation Act, 1963, Section 5 -- Condonation of delay - Liberal view be taken - Ignorance of party or delay on part of lawyer in filing revision petition are sufficient cause to condone the delay - Justice should not be defeated on mere technical grounds...........
Foreign Trade (Development and Regulations) Act, 1992, Section 5, 3, Constitution of India, 1950, Article 14 -- Import ban on crude palm oil through Kerala ports - Constitutional validity - Sufficient public good - Manufacturers and refiners of edible oil claiming that due to ban on import their transportation costs has increased - Ban imposed by Government to protect..........
