Employee's State Insurance Act, 1948, Section 77(1 -- A)(b) - Employee's State Insurance (General) Regulations, 1950, Regulation 33A - ESI contribution - Delayed payment - Interest - Regulation 31A of the Regulations clearly provides for payment of interest for delayed deposit of ESI Contribution @ 12% p.a. - The fact that contribution were deposited by the appellant..........
Civil Procedure Code, 1908, Section 151, Order 9, Rule 7, Limitation Act, 1963, Section 5 -- Suit for possession and declaration - Ex parte order - Condonation of delay - Application for setting aside ex-parte order has been moved by petitioners after about 11 months of passing of impugned order - Previous counsel who neither appeared nor informed petitioners regarding the..........
Limitation Act, 1963, Section 5 -- Delay - Condonation - Government - In case of a Government Department the factor of impersonal machinery assumes considerable proportions inasmuch as, the awareness works at the back of the mind of the people that no one in charge of the matter is directly hit or hurt by the impugned order which is to be the subject matter of revision or..........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Ex parte decree - Setting aside - Delay - Condonation - Delay of 8 years condoned but application for setting aside ex parte decree dismissed - Held, it would be in the interest of justice to allow appeal filed by he appellant and allow the application U.9.R.13 CPC, of course, with a heavy..........
Civil Procedure Code, 1908, Order 21, Rule 97, 101 -- Execution - Objection petition - Decree alleged to be obtained by fraud - Objector was party to the suit and it was open for him to raise these pleas in the suit itself - Application filed only to delay the execution proceedings - Order rejecting application U.O.21.Rr.97, 101 CPC, upheld...........
Service -- Domestic enquiry - To be completed fast - Three barren dates in domestic enquiry - Even can amount to delay...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 21(b) -- Recovery of 175 grams of smack powder - Seized substance deposited in Malkhana after two months of seizure and there was no explanation where it was kept during all this period - Delay of six days in depositing sample with FSL and no explanation as to how sample was handled during this period -..........
Indian Penal Code, 1860, Section 376 -- Rape - Girl 18 years of age - Delay of eight months in lodging FIR - Prosecutrix admitted in cross examination that she had sexual intercourse with the appellant nearly 100 times - No offence u/s 376 IPC as sex with a woman above 16 years of age with her consent is not rape...........
Constitution of India, 1950, Article 226 -- Belated writ petition - Without proper explanation for the delay, liable to be dismissed...........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Delay in filing - Sufficient cause for not filing written statement in time - Right to file written statement is a valuable right - Ends of justice would meet in case written statement filed is allowed to be taken on record on payment of costs...........
