Civil Procedure Code, 1908, Section 151 -- Additional evidence - Sought at the stage of rebuttal evidence - Material piece of evidence having bearing on the case - Delay or lapse not a sufficient reason for disallowing the application - Application allowed subject to payment of Rs.30,000/- as costs...........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 9(2), Indian Penal Code, 1860, Section 302, 342, 397, 449, 120B, 34 -- Juvenile - Offence u/ss 302, 342, 397, 449, 120-B, 34 - Death sentence - Date of birth certificate is the first document to be examined for determination of the age of the accused or convict claiming to be a juvenile on the date of..........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 9(2), Indian Penal Code, 1860, Section 302, 342, 397, 449, 120B, 34 -- Juvenile - Offence u/ss 302, 342, 397, 449, 120-B, 34 - Death sentence - Date of birth certificate is the first document to be examined for determination of the age of the accused or convict claiming to be a juvenile on the date of..........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Ex parte divorce decree - Setting aside - Condonation of delay - Wife was duly served in the proceedings - She was thus, aware of filing of divorce petition - Wife was negligent and not interested in pursuing the proceedings - Even, the present appeal is filed belatedly after delay of 136 days..........
Criminal Procedure Code, 1973, Section 372 -- Appeal by victim against acquittal - Victim is not required to file delay condonation application even if appeal is filed with delay of more than 90 days - The only requirement is to file an affidavit explaining the delay - If Appellate Court is satisfied with the explanation offered, Court is entitled to proceed to consider..........
Transfer of Property Act, 1882, Section 60, 58 -- Usufructuary mortgage - Redemption - Right of usufructuary mortgagor to redeem property does not get extinguished due to non payment of mortgage money within time fixed by Court, as there is no limitation for depositing mortgage money - Filing of an application to condone delay in depositing mortgage money is superfluous..........
Criminal Procedure Code, 1973, Section 157 -- Delay in sending FIR to Magistrate - Mere delay in sending FIR to Magistrate would not itself have a negative effect on the case of prosecution, unless serious prejudice is caused...........
Indian Penal Code, 1860, Section 498A, 306, 34 -- Cruelty - Abetment of suicide - Inordinate delay in lodging FIR not explained - Evidence relating to so called torture of deceased is not worthy of acceptance - If such evidence is taken away, then there remains nothing to even remotely suggest that accused persons had instigated deceased to such extent as would lead her to..........
Succession Act, 1925, Section 276 -- Grant of probate - Will - Earlier probate granted without citing necessary parties was revoked - Fresh probate proceeding after 22 years was filed by propounder of Will - No explanation offered for such long delay - Scribe cum attesting witness of Will though died now was examined but not cross-examined in earlier proceedings -..........
Criminal Procedure Code, 1973, Section 197, Drugs and Cosmetics Act, 1940, Section 18(c), 27(b)(ii), Drugs and Cosmetics Rules, 1945, Rule 123 -- Sanction for prosecution - Offence u/ss 18(c), 27(b)(ii) of the Act - Sanction for prosecution prima facie appears to be suffering from vice of non-application of mind - There is no reference to any of documents, evidence or..........
