Agreement to sell -- Specific performance - Agreement with only one of the co-owners - Suit filed on the last day of limitation inspite of having knowledge of sale deed executed in favour of defendant Nos.12 to 14 - Suit having been preferred after a long delay, plaintiff is not entitled for specific performance - Dismissal of suit by High Court, upheld...........
Indian Penal Code, 1860, Section 447, 427, 294, 506, 34, Criminal Procedure Code, 1973, Section 482 -- Offence u/ss 447, 427, 294, 506, 34 IPC - Quashing of FIR - Complainant was not sure about the date of commission of alleged offences - No reason given for delay of 39 days in lodging FIR - Allegation levelled by complainant that accused demolished the boundary wall..........
Arbitration and Conciliation Act, 1996, Section 29A(6) -- Time limit for arbitral award - Extension of time - Power u/s 29-A(6) of the Act is only a consequential power vesting in the Court which is empowered to extend the time - If the Court finds that cause of delay is one or all of the arbitrators, while extending the time, Court has power to replace and substitute the..........
Limitation Act, 1963, Section 5 -- Condonation of delay - Delay in filing application for restoration of suit - Entertaining an application for condonation of delay at the behest of a stranger who is not a party to proceedings is totally illegal and unsustainable in law...........
Criminal Procedure Code, 1973, Section 299 -- Recording of evidence in the absence of accused - In the event, an order u/s 299 Cr.P.C is passed, deposition of any witness taken in the absence of an accused may be used against him if the deponent is dead or incapable of giving evidence or cannot be found or his presence cannot be procured without any amount of delay,..........
Limitation Act, 1963, Section 5 -- Condonation of delay - Delay of 1633 days in filing Special Leave petition - Explanation given for seeking condonation of huge delay of 1633 days cannot be accepted, as petitioner/State appeared before High Court and was heard before passing of impugned order, so it was within their knowledge - No sufficient cause is made out for..........
Limitation Act, 1963, Section 5 -- Condonation of delay - Delay of 3 years and 157 days in filing LPA - Sufficient cause has not been revealed so as to condone the enormous delay - Application for condonation of delay rejected...........
Criminal Procedure Code, 1973, Section 154, Protection of Children from Sexual Offences Act, 2012, Section 6, Indian Penal Code, 1860, Section 506 -- Sexual assault - Delay of seven days in lodging FIR - After commission of offence victim used to remain depressed - Accused had extended threats to kill victim and her parents in case she confided the matter to anyone - As..........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Summoning of accused - Courts must satisfy fulfillment of primary conditions before issuing summons and fulfillment of these conditions must be mentioned in the summoning order itself Viz: (i) Cheque must be presented to the bank during its validity; (ii) payee or holder, in due course, must give a..........
Constitution of India, 1950, Article 226 -- Writ petition - Delay or latches is one of factors which should be born in mind by High Court while exercising discretionary powers u/art 226 of Constitution...........
