Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376, 376(D), 377, 342, 323, 506, 34, Information Technology Act, 2000, Section 66D -- Bail - Gang rape - FIR in question lodged by complainant is 6th in line and after that her son also lodged FIR against accused - However, accused is granted bail in almost in all the matters - There is indeed a..........
Negotiable Instruments Act, 1881, Section 138, 142, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Jurisdiction - Quashing of proceedings - Question of lack of jurisdiction and delay in submitting complaint has to be agitated in the trial Court - Filing of complaint in Court at place `L' does not appear to be wrong or erroneous - It does not come out..........
Employee's Compensation Act, 1923, Section 4A -- Compensation - Obligation to pay compensation arises on date of accident - Where an employer disputes quantum of compensation payable, it is enjoined to make provisional payment to Commissioner or employee pending settlement of claim - This is in order to ensure that an employer doesn't escape its obligation to make good..........
Limitation Act, 1963, Section 5, Succession Act, 1925, Section 388(2) - - Delay of 74 days in filing appeal u/s 388(2) of Succession Act - Appeal delayed due to ill advice of counsel - Application for condonation of delay is supported by an affidavit which was not controverted by non-applicants - Delay of 74 days condoned - Application allowed...........
Criminal Procedure Code, 1973, Section 311 -- Examination of witness - Complainant sought to examine his son on his behalf, as he was not keeping good health - However, initial application of complainant seeking same relief was declined while noticing that he had raised false pleas as regards his health whereas he regularly pursing his other cases in Court - No justifiable..........
Civil Procedure Code, 1908, Order 6, Rule 17, East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Amendment of pleadings - Suit for eviction - Whereever amendments are substantive or Court comes to a conclusion that effort is to delay disposal of application Courts would be justified in dismissing the petitions - Further, there can be cases where tenant with a view..........
Civil Procedure Code, 1908, Order 37, Rule 3(5) -- Summary suit for recovery - Leave to defend - Condonation of delay - Delay of 20 days in filing leave to defend - It cannot be said that defendant had unduly delayed filing leave to defend application - Adequate reasons were stated in application for condonation of delay by defendant - Delay in filing leave to defend..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Dismissal of application in default - Application for restoration does not carry details as to when wife became aware of dismissal of main case filed u/s 125 Cr.P.C - However, since application for restoration was filed almost within 2 months of dismissal in default, same cannot be said to be an inordinate delay -..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement to divorce petition - Facts sought by way of amendment by husband cannot be said to be not within his knowledge at the time of filing of written statement - Cross-examination is already commenced - Application for amendment is filed mainly to delay disposal of divorce suit - Rejection of..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ex parte ad interim injunction - Equitable relief cannot be refused on the ground of delay as cause of action arose on 24.07.2019 and suit filed on 14.08.2019 - Manner in which prayer for ex parte ad interim order injunction is refused not approved - Impugned order set aside - Trial Court directed to prepone next date, if..........
