Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Delay in filing of application u/s 319 Cr.P.C. - Cannot be, by itself a ground to dismiss the same but the Court cannot be ignorant of the valuable time spent by trial Court in collecting the requisite evidence and so also the fact that summoning of additional accused would result into yet..........
Indian Penal Code, 1860, Section 376, Criminal Procedure Code, 1973, Section 154 -- Rape - Delay in lodging FIR - Delay occurred due to trauma suffered by prosecutrix - Merely because prosecutrix was not a child as defined u/s 2 of POCSO Act, does not deprive her of right of being traumatized and shocked by abhorrent act of accused - Prosecutrix admitted that she slept..........
Limitation Act, 1963, Section 5 -- Condonation of delay - Delay in filing appeal - Partition suit - Earlier application u/s 5 of the Act filed along with appeal against preliminary decree containing identical assertions rejected by this Court - Rejection of earlier application thus, operates as res judicata - Moreover, there is no explanation of delay in filing appeal -..........
Criminal Procedure Code, 1973, Section 154 -- FIR - Delay of about 30 hours in lodging FIR - Informant/step mother of deceased is resident of a remote village and was an illiterate and poor lady - Besides, she had personally seen her son being throttled and being taken away by accused - Informant was threatened with dire consequences by one of accused - Prosecution thus,..........
Civil Procedure Code, 1908, Order 37, Rule 3(5) -- Summary suit for recovery - Leave to defend - Delay in seeking leave - Application for leave to defend not filed within period of 10 days from receipt of summons for judgment - Court below refused to grant leave to defend to defendant only on the ground that application seeking such leave not accompanied by any application..........
Contract -- Termination - Power purchase agreement - Delay in commissioning the project - Delay occurred due to unavoidable circumstances like resistance faced at allotted site and subsequent change of location of project - These circumstances though not a force majeure event, time taken by respondent in change of location and construction of plant have to be kept in view..........
Rent and eviction -- Default in payment of rent - Extension of time and condoning delay - Amount deposited in execution proceedings and accepted by landlady - Held, it is a relevant fact for condonation of delay in depositing the rent. (Rajasthan Rent Control Act, 2003, S.9)..........
Rent and eviction -- Default in payment of rent - Extension of time and condoning delay - Substantial amount deposited in pursuance of order of High Court in execution proceedings before passing of order by High Court on application for extension of time - Held, it is a relevant fact for condonation of delay and extension of time. (Rajasthan Rent Control Act, 2003, S.9)..........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Rules, 1995, Rule 12(4), (4A) -- Compensation or other assistance to victim - There is no bar to compensation or other immediate relief being given to victim member of SC/ST as per provisions without any delay whatsoever - Even there is no dilution of any provision of SC/ST Act relating to compensation,..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Single shot injury - FIR lodged without delay - Source of light on spot proved on record - Accused attempted assault and is directly involved in commission of offence - Co-accused though present and stated to be armed with weapons on spot, but no assault attributed to co-accused - No evidence on record that co-accused..........
