Consumer Protection Act, 1986, Section 2(1)(g), Contract Act, 1872, Section 73 -- Housing - Flat - Agreement to sell - Delay in handing over possession - Refund - Clause 2(f) of agreement clear that if the appellant fails to make payment within a period of three months of the demand being raised by the first party the latter shall be entitled to terminate the agreement..........
Criminal Procedure Code, 1973, Section 157 -- FIR - Delay in sending to Magistrate - It is not every delay but only extra-ordinary and unexplained delay which is contemplated to doubt the authenticity of FIR - Delay in sending FIR by itself is not a circumstance which can throw out the prosecution's case in its entirety, particularly in cases where the prosecution provides..........
Appeal -- Order to pay interest on principal amount to be paid by insurer to claimant - Non-production of driving license of driver of offending vehicle by appellant (owner of vehicle) at trial - Insurance Co. also served notice U.O.12.R.8 CPC upon appellant to produce license - Negligence on part of appellant resulted into delay in payment of award by insurer -..........
Compensation -- Public services - Deficiency in service - No objection certificate - For transfer of Shop - cum - Flat by gift deed - Delay of 11 months in issuance - In the mean time Stamp duty and registration fee enhanced on gift deeds - Appellant had to incur an extra expenses to the tune of Rs. 1,61,210/ - as difference in the rate of stamp duty and registration fee..........
Contract of insurance -- Proposal - Implied acceptance - The proposal is just an offer which is to be accepted or rejected by Insurance Company - Contract of insurance comes into existence ordinarily only after issuance of policy - In case of delay extraordinary implied acceptance may be inferred in case of non rejection of proposal - Within one month of proposal explosion..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50, 13 -- Poppy husk - Recovery of 40 bags from a truck - 30 bags produced in Court - Prosecution version that 10 bags were damaged in flood not believed - Sample sent to FSL after 16 days of recovery - No cogent reason for the delay - No intimation sent to Superior Police Officer immediately thus violating..........
Industrial Disputes Act, 1947, Section 2(s) , 10 -- Civil Procedure Code, 1908, Order 14 Rule 2 - Domestic inquiry - Termination - Preliminary issue - Workman - Issue No. 3 with regard to the validity of two enquiries had already been treated as a preliminary issue and decided against the respondent/Management - After a lapse of about eight years the application filed by..........
Prevention of Food Adulteration Act, 1954, Section 7, 16 -- Sample retest - Right of vendor to have sample retested frustrated due to inordinate delay in the institution of complaint - Inordinate delay in launching prosecution not explained - Conviction set aside...........
Civil Procedure Code, 1908, Order 37 -- Suit for recovery of money - Appeal filed by plaintiff - Condonation of delay - Non-production of medical reports by appellant to establish delay - Even claim of misplacement of files and documents in counsel`s office finds no credence - Failure of appellant in explaining delay of 146 days - Delay not condoned - Appeal dismissed...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Delay of 10 days in filing complaint - Application for condonation of delay not filed - Magistrate took cognizance and issued process - Order taking cognizance and issuing process set aside - Case remanded - Magistrate directed to give an opportunity to complainant to file a petition to condone the..........
