Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Plea that due to oversight and mistake some important facts not included in written statement - Amendment declined as (i) amendment sought is not only belated but also not bona fide; (ii) in case amendment is allowed the same would change nature and character of defence taken by defendant;..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 302 -- Anticipatory bail - Murder - FIR lodged by brother of deceased after a period of almost 29 years from date of incident - Even in FIR initially there was no allegation of offence u/s 302 IPC and allegations were only for offences u/ss 364, 201, 344, 330, 219, 120-B IPC for which there was an..........
Limitation Act, 1963, Section 5 -- Condonation of delay - Proceedings under Rent Control Act - Rent Control Court has power to condone delay u/s 5 of Limitation Act...........
Civil Procedure Code, 1908, Order 17, Rule 3 -- Closure of evidence of defendants - Defendants granted five effective opportunities for leading their entire evidence, including last opportunity - Earlier also evidence of defendants was closed - However, even after granted last opportunity, defendants did not produce any witnesses and again sought adjournment - Even the..........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Eviction petition - Arrears of rent - Claim for compensation/damages - Plaintiff/lesser has no right to refuse taking over of possession of the premises in question for any reason whatsoever - Delay in transfer of possession from bank to plaintiff/lesser was only creation of plaintiffs themselves - Therefore,..........
Doctrine of legitimate expectation -- Rebate/deduction from electricity duty - State had made a representation to respondent and similarly situated industrial units under Industrial Policy 2012 - This representation gave rise to a legitimate expectation on their behalf, that they would be offered a 50 per cent rebate/deduction in electricity duty for the next five years -..........
Constitution of India, 1950, Article 226 -- Writ petition against State - Delay of respondent in filing a writ petition by itself should not defeat the claim unless position of State has been so altered that it cannot be retracted on account of a lapse of time or inaction of writ petitioner...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - Mere delay in lodging complaint, cannot by itself be a ground to quash FIR...........
Limitation Act, 1963, Section 5, Civil Procedure Code, 1908, Order 41, Rule 3A -- Condonation of delay - Application filed U.O.41.R.3-A CPC cannot be decided ex parte without affording an opportunity to respondent...........
Limitation Act, 1963, Section 5, Civil Procedure Code, 1908, Order 41, Rule 3A -- Condonation of delay - Interlocutory application filed u/s 5 of Limitation Act r/w O.41.R.3-A CPC to condone delay in filing appeal is not `incidental proceedings' referred in O.41.R.14(4) CPC...........
