Limitation Act, 1963, Section 5 -- Condonation of delay - Sufficient cause - Wrong legal advice which a party bona fide believed to be true generally constitutes, though not always, sufficient cause to condone delay within meaning of S.5 of the Act...........
Limitation Act, 1963, Section 5 -- Condonation of delay - Court should lean in favour of hearing on merits - Court should as far as may be opt to decide on merits, rather than shutting out parties on the technicality of limitation...........
Limitation Act, 1963, Section 5 -- Condonation of delay - Refusal to condone delay - Delay is indeed not condonable when circumstances show gross negligence or litigant may be demonstrated to be one who has slept over his rights - Those are cases, where other side contests the claim, rebuts the facts and disputes what the party seeking condonation asserts or urges...........
Limitation Act, 1963, Section 5 -- Condonation of delay - Delay in filing first appeal - There should be liberal exercise of discretion to condone delay, once explanation comes within what the law understands as `sufficient cause'...........
Consumer Protection Act, 1986, Section 2(1)(g) -- Train - Late arrival - Compensation - Railways to prove that delay occurred because of reasons beyond their control - Railways is liable to pay compensation for the delay and late arrival of trains when no evidence is led that delay was beyond their control and there is no justification for delay...........
Service -- Disciplinary enquiry - Every delay in conducting disciplinary enquiry does not ipso facto lead to enquiry being vitiated...........
Service -- Disciplinary enquiry - Charge sheet - Acts of indiscipline and insubordination - Allegation against respondent is that he committed acts of indiscipline and insubordination by not following instructions issued by his superior officers regarding disbanding of Gunda Squad - Charge sheet together with statement of imputations contained a detailed elaboration of..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 307, 427, 148, 149, Arms Act, 1959, Section 25, 27, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(V) -- Second bail application - Murder - Where delay in finishing trial is attributable to accused, benefit of same cannot be given to accused so as to..........
Indian Penal Code, 1860, Section 376, 354(A)(1)(ii), Protection of Children from Sexual Offences Act, 2012, Section 4, 8 -- Rape of 5 years old girl - Delay in lodging FIR is not of significance - However, conduct of mother of victim is not taking victim to doctor, despite noticing an injury on her private parts and victim complaining of passing reddish color urine, is..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Condonation of delay - As per Supreme Court Order period of 15.03.2021 to 14.03.2021 to be excluded while calculating limitation period in light of COVID pandemic - Period of limitation of 90 days not expired prior to 15.03.2021 - Appeal filed on 25.01.2021 which is within period excluded by Supreme Courts order -..........
