Limitation Act, 1963, Section 5 -- Condonation of law - Delay of 916 days in filing LPA - There was delay and laches in filing writ petition itself at first instance from which present appeal had arisen - Even though writ petition was filed after obtaining approval of Executive Council, no steps were taken to file writ appeal for 916 days after disposal of writ petition -..........
Negotiable Instruments Act, 1881, Section 138, 148, Criminal Procedure Code, 1973, Section 389 -- Dishonour of cheque - Conviction - Suspension of sentence during pendency of appeal - Direction to deposit 30% of compensation awarded by trial Court as condition for suspension of sentence - As per the record rounding of amount under cheques involved in complaints, virtually,..........
Civil Procedure Code, 1908, Order 41, Rule 17(1) -- Appeal - Non-appearance of appellant - Court has no power to dismiss appeal on merits - Court may if deems fit dismiss appeal for default of appearance...........
Land Acquisition Act, 1894, Section 23 -- Acquisition of land - Compensation - Claim based on parity - Delay of 2928 days in filing SLP - Appellants who were aggrieved by impugned judgment of High Court, did not file appeal along with other similarly situated land owners - After considerable long period they are seeking parity with other land owners - Since appellants are..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Over speeding - Driver of car who was trying to overtake truck and in process hit against railing on right side - Driver hit railing from right side further corroborates statement of driver himself that it was indeed car that was trying to overtake truck - It was negligence of driver of car that resulted in accident who..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Acquittal - Leave to appeal - Undisputedly, there is no document of friendly loan - Even, complainant failed to prove any special relationship to prove that he advanced sum as averred without executing any document - Moreover, accused was only a marginal witness of agreement to sell executed between one..........
Indian Penal Code, 1860, Section 458, 323, 34 -- Offence u/s 458, 323, 34 IPC - Appeal against acquittal - Accused rightly acquitted on following grounds: (i) Inordinate delay in lodging FIR; (ii) significant contradiction in statements of witnesses; (iii) PW6 did not name any person as an accused in her police statement; (iv) out of six named accused in FIR, only two were..........
Negotiable Instruments Act, 1881, Section 148 -- Order of payment - Appeal against conviction - Deposit of fine not less than 20% is condition precedent for admission of appeal and provision u/s 357(2) Cr.P.C are not made applicable during admissibility and pendency of appeal...........
Criminal Procedure Code, 1973, Section 389, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 18, 25 -- Suspension of sentence during pendency of appeal against conviction - Recovery of 344 gms 900 gms poppy straw - Accused was not present in vehicle when seizure was made - Strong grounds available to accused so as to challenge judgment of conviction -..........
Punjab Co-operative Societies Act, 1961, Section 68, Limitation Act, 1963, Section 5 -- Appeal - Delay of 491 days - Condonation of delay - Although there is delay in filing appeal and there is no provision for condonation of delay before appellate authority as well as revisional authority but as delay has been duly explained by petitioner in filing appeal with further..........
