Civil Procedure Code, 1908, Order 8, Rule 1 -- Eviction petition - Written statement - Not filed within statutory period of 90 days - Landlord yet to lead evidence - Defendant shall suffer irreparable loss and manifest injustice, in case he is not permitted to file written statement and his defence is struck of - Written statement allowed to be taken on record and an..........
Limitation Act, 1963, Section 5 -- Condonation of delay - Delay of 30 days in filing second appeal - Averments contained in application are quite vague and do not provide sufficient cause for delay in filing application - Each day delay is required to be explained by appellants which is not forthcoming in the case - Appellants not able to make out a case for condonation of..........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Charge sheet filed on 182th day, as Courts were closed four days earlier to said date of filing charge sheet - Immediately on opening of Court charge sheet was filed - Bail denied to accused...........
Criminal Procedure Code, 1973, Section 167(2), Narcotic Drugs and Psychotropic Substances Act, 1985, Section 36A(4), 22(c) -- Default bail - Offence u/s 22 of NDPS Act - Application seeking extension of time for completing investigation is filed by prosecution - However, said application on basis of report prepared by I.O cannot be considered as compliance of requirement..........
Registration Act, 1908, Section 71 -- Refuse to register a document - Where Sub-registrar refused to register a document presented for registration on a mistaken interpretation of statutory provision, which refusal found to be erroneous by superior authority, Sub-Registrar cannot be permitted to take advantage of his own wrong by asking petitioner to pay fine for delayed..........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 12, Indian Penal Code, 1860, Section 363, 366, 504, 506, Protection of Children from Sexual Offences Act, 2012, Section 7, 8 -- Bail - Accused was declared juvenile by JJ Board, as he was 12 years, 11 months and 5 days at the time of accident - He was in judicial custody for a period of about 2-1/2 years..........
Negotiable Instruments Act, 1881, Section 138(b) -- Dishonour of cheque - Premature complaint - Date of dispatch of legal notice regarding bouncing of cheques by complainant is 24.7.2007 - Date of deemed service of notice of legal notice upon accused would be on or about 24.8.2007 (30 days from dispatch of legal notice) and 15 days from date of service of notice would..........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Ex parte decree - Setting aside - Delay of 1012 days - Condonation of delay - Reasons assigned by defendant for condoning delay are in usual and causal terms - There is no proper and satisfactory explanation offered by defendant for each and every day of delay - Delay in filing application for..........
Consumer Protection Act, 1986, Section 12 -- Consumer complaint - Written statement - Delay of 7 days beyond 30+45 days in filing written statement - Condonation of delay - Application for condonation of delay dismissed relying upon case of New India Assurance Company Limited - However, application for condonation of delay was filed prior to said judgment - Said judgment..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Amount of maintenance fixed @ Rs.3,500 for wife - In present days of high price rise, it cannot be said that maintenance granted is either excessive or disproportionate - Impugned order does not require any interference...........
