Indian Penal Code, 1860, Section 302 -- Murder - Appeal against acquittal or conviction - Delay - Courts do not ordinarily dismiss an appeal against a judgment and order of trial Court whether of conviction or acquittal on sole ground of some delay in a criminal case involving serious offence of murder...........
Arbitration and Conciliation Act, 1996, Section 34, 37(1)(c) -- Arbitration award - Objections - Delay - Refusal to condone delay - An appeal is maintainable against an order refusing to condone delay in filing an application u/s 34 of the Act to set aside an award...........
Consumer Protection Act, 1986, Section 13 -- Written statement - Non filing within statutory period - Condonation of delay - Consumer fora has no jurisdiction and/or power to accept written statement beyond period of 45 days...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(C), 27A -- Recovery of 29.500 kg Ganja - Delay in sending sample to FSL - Entire investigation process was almost complete on same day when search, seizure and sampling was made i.e on the date of occurrence dated 27.3.2014 itself - Therefore, there is no reason for delayed prayer to Court on 5.5.2014..........
Limitation Act, 1963, Section 5 -- Condonation of delay - Period is not material - Even short delay may not be condonable and at times even long delay may be condoned if explanation is justified - Sometimes looking to the merit of case also delay may be condoned so that injustice may not be done to a party...........
Limitation Act, 1963, Section 5 -- Condonation of delay - Application for condonation of delay in filing appeal cannot be rejected merely on the ground that there is great delay because law of limitation is not meant to take away right of appeal and length of delay is not very much material if there is some substance in ground and on merit also...........
Indian Penal Code, 1860, Section 304(Part II), 201 -- Offence u/ss 304(Part II), 201 IPC - Testimony of child witness - PW5 was aged about 6 years at the relevant time - Statement of PW5 was recorded belatedly i.e after 11-12 days of incident - Presence of PW5 in house at relevant time is proved - Delay per se of a few days in recording her statement cannot be said to be..........
Criminal trial -- Sentence - Mitigating factor - Long delay before Courts in taking a final decision with regard to guilt or otherwise of accused is one of litigating factors for superior Courts to take into consideration while taking a decision on quantum of sentence...........
Limitation Act, 1963, Section 5 -- Condonation of delay - Delay of 502 days - Moving of file from one place to the other and that too with long interludes - Casual manner in approaching Supreme Court without any cogent and plausible ground for condonation of delay - In fact, other than lethargy and incompetence of petitioner, there is nothing which has been put on record -..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 307, 506, 34, Arms Act, 1959, Section 25, 54, 59 -- Bail - Murder - Plea of false implication and import of evidence of ballistic expert has to be debated during the course of trial - Petitioner a young man of 24 years is in custody from last 5 years with delay in his trial not attributed to..........
