Criminal Procedure Code, 1973, Section 233 -- Summoning of defence witnesses - Request for summoning witnesses made by accused immediately after their examination u/s 313 Cr.P.C - There was thus, no delay on part of accused - Witnesses sought to be produced are not unnecessary witnesses - Application allowed...........
Criminal Procedure Code, 1973, Section 173(8) -- Supplementary charge sheet - Charge sheet was initially filed against co-accused and subsequent charge sheets have been filed against petitioners and other co-accused - Filing of supplementary charge sheets by police leads to delay in trial as clubbing of such supplementary charge sheets with main charge sheet filed earlier..........
Indian Penal Code, 1860, Section 363, 366A, 376, 328, Protection of Children from Sexual Offences Act, 2012, Section 3, 4 -- Kidnapping and rape - Prior enmity between accused and father of prosecutrix - Prosecutrix is aged about 20 years and got married with another person - FIR lodged after delay of 15 days and no explanation has been given for the same - Prosecutrix..........
Criminal Procedure Code, 1973, Section 391 -- Additional evidence at appellate stage - Delay in filing application u/s 391 Cr.P.C cannot be held to be fatal, as appellate Court had suo moto power to exercise discretion u/s 391 Cr.P.C and call for additional evidence after recording reasons therefor...........
Indian Penal Code, 1860, Section 307, 323, 452, 34 -- Attempt to murder - Delay of 5 days in lodging FIR - Major omissions in FIR - Neither it is mentioned in FIR that A-1 was armed with country-made pistol nor it was mentioned that `D' was hit by a firearm - More so, despite the fact that alleged assailants were unknown to complainant, he neither described accused, nor..........
Consumer Protection Act, 1986, Section 23 -- Apartment Buyer's Agreement - Delay in handing over possession of apartment - Developer proposed to offer possession of apartment to allottee within a period of 42 months from the date of approval of Building Plans and/or fulfilment of pre-conditions imposed thereunder - Determination of date from which 42 months period of..........
Consumer Protection Act, 1986, Section 23 -- Apartment Buyer's Agreement - Delay in handing over possession of apartment - Refund of amount - Allottees are in two categories based on allotments one where developer is granted occupational certificate and offer of possession is made and second where occupational certificate has not been granted so far - Allottees in first..........
Consumer Protection Act, 1986, Section 23 -- Apartment Buyer's Agreement - Delay in handing over possession of apartment - Developer proposed to offer possession of apartment to allottee within a period of 42 months from the date of approval of Building Plans and/or fulfilment of pre-conditions imposed thereunder - Determination of date from which 42 months period of..........
Consumer Protection Act, 1986, Section 23 -- Apartment Buyer's Agreement - Delay in handing over possession of apartment - Refund of amount - Allottees are in two categories based on allotments one where developer is granted occupational certificate and offer of possession is made and second where occupational certificate has not been granted so far - Allottees in first..........
Limitation Act, 1963, Section 5, Civil Procedure Code, 1908, Order 9, Rule 13 -- Condonation of delay - Delay of 5767 days in filing application to set aside ex parte decree - Suit for specific performance - No summons were served on defendant - Defendant is an illiterate and pardanashin lady and she only affixes her thumb impression - There is some sort of..........
