Speedy trial -- Inordinate delay at stage of investigation and after filing of charge sheet - However, as offence relates of misappropriation of government money to the tune of Rs.1.58 lacs it would not be in the interest of justice to quash proceedings on the ground of infringement of right to speedy trial...........
Civil Procedure Code, 1908, Order 37, Rule 1, Evidence Act, 1872, Section 115 -- Suit for recovery - Loan - Default in repayment - Plea of estoppel on basis that loan amount was released in time and was also released in installments - No evidence produced to show that any delay in release had taken place after loan was sanctioned - Except bald statement by defendant no..........
Agreement to sell -- Specific performance - Relief of specific performance cannot be denied merely for the reason that there is delay in decision of suit - Right of parties have to be determined on the date of filing of suit...........
Land Acquisition Act, 1894, Section 5A, 17(1), 17(2) -- Delay between notifications u/s 4 & 6 of Act - Land acquired invoking urgency provisions u/s 17(2) of Act - Inquiry u/s 5A dispensed with - Notifications challenged on ground of delay of three months between issuance of two notifications, invalidating decision of invoking urgency - No allegations of malafide in..........
Consumer Protection Act, 1986, Section 21(b) -- Revision - Condonation of delay - Delay of 116 days - Date and month of the tracing out of file which was allegedly missing, designations of the officers through whom the file was routed together with date(s) and month(s) of movement upto the stage of according approval by the competent authority to file revision, time taken..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - General Principles (i) Wide and unfettered discretion conferred on the Courts to allow pleadings in such a manner and on such terms as it appears to the Court just and proper (ii) Courts should be extremely liberal in allowing amendment of pleadings unless serious injustice or irreparable loss is..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Delay of 3 years in filing application for amendment of written statement - No ground for rejection of amendment when no serious prejudice caused to other party to take away any accured right...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482, 200 -- Dishonour of cheque - Time barred complaint - Condonation of delay - First notice of application be issued to the other side without taking cognizance of complaint - Application be decided after hearing the parties...........
Consent decree -- Non incorporation in revenue record - Inconsequential as revenue record is not a document of title - Mere delay in incorporating the decree in the revenue record, cannot be a circumstance to hold that the decree suffered is void...........
Criminal Procedure Code, 1973, Section 157 -- FIR - Report to Magistrate - FIR recorded before 12.00 noon and reaching Ilaqa Magistrate at 5.30 p.m. - Delay not explained - Delay casts a doubt on the prosecution version...........
