Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22 -- Contraband - Sample was sent for chemical examination to FSL after a delay of 9 days - Representative sample is required to be sent to chemical examiner within 72 hours as per Standing Order No.1 of 1988 - Standing orders are mandatory in nature and omission on the part of I.O. with regard to..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 52A -- Recovery of 100 gms intoxicant powder - Representative sample was sent after a delay of 6 days for chemical examination to FSL - However, as per instructions issued by Standing Order No.1 sample is required to be sent to Chemical Examiner within 72 hours - Standing Orders are mandatory in nature and..........
Protection of Children from Sexual Offences Act, 2012, Section 4 -- Sexual assault - Victim was a school going student and was missing for 2 days - No explanation as to why FIR lodged after delay of two days - Four miscreants were accused by victim but police charge sheeted only two accused - Age of victim was not ascertained - Without ascertaining age of victim accused..........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Ex parte decree - Setting aside - Condonation of delay - Delay of 1026 days - Suit for specific performance - Liberal view has to be taken in the matter of condonation of absence of a party especially in a suit for specific performance unless negligence is so grave to the extent of outweighing..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of 30 kg poppy husk - Representative samples were sent after a delay of 11 days to Chemical Examiner - This delay amounts to violation of Standing Order No.1 of 1988, issued by Narcotics Control Bureau, which mandates sending of sample to chemical Examiner within 72 hours - Accused acquitted...........
Criminal Procedure Code, 1973, Section 154 -- Delay in lodging FIR - Delay in registration of FIR by itself cannot be a ground for quashing FIR - However, delay with other attending circumstances emerging from record of the case rendering the entire case put up by prosecution inherently improbable, may at times become a good ground to quash FIR and consequential..........
Limitation Act, 1963, Section 5 -- Condonation of delay - Person of 73 years of age - Plight of aged person cannot be ignored while considering S.5 of Limitation Act application...........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Ex parte decree - Setting aside - Condonation of delay - Delay of 401 days - Defendant was aged about 73 years and suffered from jaundice - Reasoning put forth by defendant is within contour of definition "sufficient cause" - However, due to delay, plaintiffs would have definitely suffered..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22 -- Recovery of 8 packets of Microlit tablets, each packet containing 100 tables - Sample was dispatched to Chemical Examiner after delay of 5 days which amounts to a violation of Standing Order No.1 of 1988 which mandates sending of sample to chemical Examiner within 72 hours - Accused acquitted...........
Matrimonial dispute -- Directions issued for early disposal of cases Viz: - (i) When a matrimonial case involves the prayer for dissolution/nullity of marriage, Courts should make all efforts to try & dispose off the same within an outer limit of one year, so that in the event of granting such a decree, parties may restructure their lives; (ii) Delay in disposal of such..........
