, Section 512 - - Trial of absconding accused - Re-examination of witnesses - Held, it is not necessary for prosecution to re-examine witnesses, whose evidence has already been recorded and preserved, during trial of absconded accused in a case where witnesses are not dead or have not become incapable of giving evidence or their evidence can be procured without an amount..........
Criminal Procedure Code, 1973, Section 154, 157 -- FIR - Delay in lodging and in dispatch to Illaqa Magistrate - By itself not sufficient to discard prosecution version - Factum of delay requires Court to scrutinize evidence with greater care and caution - Occurrence took place around mid night and statement recorded next day at 9.40 a.m. and formal FIR recorded at 11 a.m...........
Evidence Act, 1872, Section 45 -- Building expert - Report submitted after a delay of more than one year from the date of spot inspection - No reason forthcoming for so much delay in preparation and submission of the report to the Court - Report rightly discarded...........
Indian Penal Code, 1860, Section 302 -- Murder - FIR lodged after two days of incident - No explanation for delay in lodging FIR - Extra judicial confession a myth - Prosecution version lacking credibility - Acquittal upheld...........
Housing -- Land allotment - For housing society - Refund - Interest - Complainant re-allotted land by OP - It is the inability shown by the complainant on its part, that allotment had to be cancelled by way of withdrawal of offer of allotment - Complainant would not be entitled to any interest - Delay of more than one year in refunding the amount after..........
Consumer Protection Act, 1986, Section 19 -- Appeal - Condonation of delay - Delay of 388 days - Plea that delay is 'state of depression' caused to the appellant on account of the judgment of the State Commission - Neither on the application for condonation of delay nor in the Memo of Appeal, a single work has been said about the delinquent conduct of the appellant, more..........
Limitation Act, 1963, Article 16, 20, Contract Act, 1872, Section 55 -- Aggrement to sell - Suit for specific performance - Decreed - Appeal - Grant of decree for specifric performance objective on the ground of gross delay in filling of suit - Limitation of 3 years from the date fixed for execution of sale deed - suit filed within one year of last date of execution of..........
Constitution of India, 1950, Article 226 -- Judicial Review - Lack of jurisdiction vis-a-vis restraint - Powers u/Art. 226 integral to the scheme of judicial review - Powers neither arbitrary nor unbridled - High Courts while up holding there jurisdiction to issue writs, order or directions have generally declined to exercise jurisdiction where an alternative and..........
Civil Procedure Code, 1908, Section 151, Order 18, Rule 17-A -- Additional evidence - Document sought to be produced essential for just and proper adjudication of the case - Evidence which otherwise is material cannot be shut only due to some delay in moving application for additional evidence - Application for additional evidence allowed...........
Land Acquisition Act, 1894, Section 30 -- Dispute as to apportionment of compensation - Reference to Court - Delay - Writ petition for direction L.A.C. not to disburse compensation to land owners and forward the application u/s 30 of the Act to District Judge - Sec. 30 mandates that when Collector receives an application, raising a dispute with respect to right to receive..........
