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,..........
Criminal Procedure Code, 1973, Section 228, 397(2), 482, Prevention of Corruption Act, 1988, Section 22(d), Constitution of India, 1950, Article 227 -- Charge - Order framing charge - Challenge thereto - Stay of proceedings - Wherever stay is granted, a speaking order must be passed showing that the case was of exceptional nature and delay on account of stay will not..........
Arbitration and Conciliation Act, 1996, Section 34(3) -- Arbitral award - Setting aside - Limitation - Condonation of delay - S.34(3) Proviso of the Act, gives discretion to Court to condone delay for sufficient cause, but that discretion cannot be extended beyond period of 30 days, which is made exclusively clear by use of words `but not thereafter', which is mandatory..........
Consumer Protection Act, 1986, Section 12 -- Deficiency in service - Allotment of flat - Delay in handing over flat - Damages - Reckoning date - Complainants tried to execute agreement and sought for conveyance of property through National Consumer Commission - Even in first appeal, offers were being made on behalf of appellants to convey alternative properties, which were..........
Consumer Protection Act, 1986, Section 12 -- Deficiency in service - Allotment of flat - Delay in handing over flat - Appellants transferred property to third party despite their contractual obligation towards complainants - No reasons were given for the same - Obligation was on appellant to show that he was unable to transfer property to complainant, which he failed to do..........
Limitation Act, 1963, Section 5 -- Delay of 554 days in filing appeal against order dismissing application U.O.9.R.13 CPC - Cause pleaded prolonged illness during period in question - Medical documents in support of factum of illness also filed - Appellant an old man in his late sixties and did suffer heart disease during the relevant period and later he was down with..........
Land Acquisition Act, 1894, Section 17 -- Acquisition of land - Invocation of urgency clause - Land acquired for public purpose of freight complex under planned development - There was thus, urgency and project was such that it could not have brooked any delay - Invocation of S.17 of the Act, held, proper...........
Consumer Protection Act, 1986, Section 12 -- Insurance - Condition precedent of medical examination - Acceptance of premium without medical examination - Condition stands waived on acceptance of premium - Insured informed after about 2-1/2 years that policy was not accepted - Rejection of policy must be made in a reasonable time - Enormous delay not reasonable - No reason..........
Service -- Departmental proceedings - Long delay of seven years in issuing charge sheet - Delay unexplained - Charge sheet is liable to be set aside due to inordinate and unexplained delay in its issuance...........
Indian Penal Code, 1860, Section 304(Part I), 307 -- Offence u/ss 304(Part I), 307 IPC - Appeal against acquittal - No enmity between accused and victims - Material contradictions were found in statements of eye witnesses - FIR lodged after delay of 13 days and no explanation was given for the same by prosecution - Most of PWs turned hostile - Prosecution failed to prove..........
