Civil Procedure Code, 1908, Order 20, Rule 12 -- Mesne profits - Enquiry U.O.20.R.12 CPC is continuation of the suit and is in the nature of preparation of final decree - Therefore, any application moved as a reminder for completing the inquiry is neither barred by limitation nor liable to be dismissed on the ground of delay or laches...........
Limitation Act, 1963, Section 5 -- Condonation of delay - Delay of 2117 days in filing restoration application - No cogent and proper explanation given for condonation of such a huge delay - Even, explanation furnished by plaintiffs in so many paragraphs of delay condonation petition fails to provide sufficient cause for delay - Order allowing petition for condonation and..........
Protection of Children from Sexual Offences Act, 2012, Section 4 -- Offence u/s 4 of the Act - Evidence of victim and that of her mother are incompatible - Doctor who examined the victim girl has specifically stated that she did not find any injury external or internal - Hymen was intact and the Doctor has opined that there was no penetration at the time of occurrence - In..........
Consumer Protection Act, 1986, Section 2(1)(g) -- Consumer complaint - Purchase of flat - Deficiency in service - Flat in question was allotted in favour of respondent and delivery of possession was notified by appellant - However, respondent tried to arrange necessary finance and in the meanwhile flat stood reserved/allotted in favour of one `N' - There is confusion of..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred by limitation - Purported cause of action is merely illusory and has been concocted solely to circumvent the provisions of O.7.R.11(d) CPC - Plaintiff admittedly, was aware as early as 2006 that defendants had explicitly denied his title in suit filed by them in 2006 - Defendants denied the..........
Civil Procedure Code, 1908, Order 8, Rule 1A(3) -- Late production of documents - Refusing to permit production of additional evidence even if there is some delay would amount to denial of justice...........
National Green Tribunal Act, 2010, Section 26 -- Offence u/s 26 of the Act - Non-compliance of order of NGT - NGT directed Chhattisgarh Environment Conservation Board (CECB) in making its website more user friendly and in providing necessary data to all concerned - However, delay on the part of CECB does not amount to wilful negligence or an abject dereliction of duty on..........
Indian Penal Code, 1860, Section 307, 34 -- Attempt to murder - Inordinate delay in making complaints despite assailants being known to complainant and injured for past 14 years, is a circumstance which clearly points out to false implication of accused - Accused discharged...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 394 -- Dishonour of cheque - Appeal against conviction - Death of accused during pendency of appeal - Leave to appeal sought by wife of accused - Application seeking leave filed after delay of 20 days - Petitioner has offered sufficient explanation of delay - Application for leave to..........
Civil Procedure Code, 1908, Section 47 -- Execution - Objections to draft sale deed - Time to file objections is given to JD but no objections to draft sale deed was filed - No sufficient cause/valid reasons for JD/petitioner to seek further extension of time for filing objections to draft sale deed - Delay tactics adopted by JD is proverbial - Objections rightly rejected...........
