Criminal trial -- Condonation of delay - Delay in filing appeal against conviction - Where life and liberty of a person is in question, one right of appeal has always been accepted and appropriate steps must be taken to effectuate that right - Considerations on account of delay and limitation ought not to negate right of appeal of accused...........
Criminal Procedure Code, 1973, Section 311 -- Recall of complainant for further cross-examination - Dishonour of cheque - Accused stated that further cross-examination of complainant was warranted for new documents which were put by complainant to DWs - However, no endeavour made to substantiate as to which documents accused wishes to put to complainant - Complainant is a..........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Plea of false implication and delay of about 7 months in approaching police are not much relevant while deciding a petition for grant of pre-arrest bail, as such grounds may have some merit and significance while determining guilt of accused during trial...........
Civil Procedure Code, 1908, Section 151, Order 7, Rule 14(3) -- Late production of documents - Application to take on record documents pertaining to allotment of Flat, filed at the stage when case was fixed plaintiff plaintiff's rebuttal - No reason either in application or from submissions for inordinate delay in moving application - Application filed with extraneous..........
Criminal trial -- Delay of 1-1/2 months in recording statements of prime eye witnesses - Not the case of prosecution that those eye-witnesses were not traceable - Failure of investigating agency to act promptly and record statements of Eye-witnesses without any unreasonable delay, casts doubt on the veracity of prosecution and seriously affects the credibility of..........
Indian Penal Code, 1860, Section 302, 325 -- Murder - Testimony of eye witnesses - Complainant turned hostile - Even two eye witnesses, PW10 & PW11 also declared hostile - Statements of eye witnesses recorded after inordinate delay, for which no plausible or reasonable explanation is given by I.O in his deposition before trial Court - Recording of statement of main eye..........
Indian Penal Code, 1860, Section 376(2)(g), Criminal Procedure Code, 1973, Section 439 -- Bail - Gang rape - Petitioner was out of reach of police for about 27 years - He was in the same area and avoided his arrest and managed affairs in such a manner for 27 years - Petitioner was declared PO and was arrested in 1990 - There is possibility that petitioner had been..........
Consumer Protection Act, 1986, Section 12(1)(c) -- Allotment of flat - Delay in handing over possession - Deficiency in service - Compensation - Where there is gross delay in handing over possession by builder beyond contractually stipulated period, flat purchaser is entitled to just and reasonable compensation for such delay - However, such compensation not constrained by..........
Consumer Protection Act, 1986, Section 12(1)(c) -- Allotment of flat - Delay in handing over possession - Compensation - Flat purchasers who obtained possession or executed Deed of Conveyance, do not loose their right to make a claim for compensation for delayed handing over of flats...........
Consumer Protection Act, 1986, Section 12(1)(c) -- Allotment of flat - Delay in handing over possession - Compensation - Claimed by subsequent transferees - Subsequent transferees in spite of being aware of delay in delivery of possession of flats, had purchased interest in flats from original buyers - It cannot be said that subsequent transferees suffered any agony and..........
